Text
1. Of the judgment of the first instance court, KRW 11,124,912 against the Plaintiff and its related thereto, from April 2, 2014 to November 7, 2014.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an automobile insurance contract with A and B (hereinafter “Plaintiff”), and the Defendant is a person who is liable to compensate for an accident during his official duty in the USFA pursuant to the Korea-U.S. Administrative Agreement (SO.).
B. On November 1, 2013, around 19:44, when a vehicle of the Plaintiff was driven by a vehicle of the Plaintiff and was driven along five lanes at a point that is 380.7km from the Busan East-si Busan Metropolitan City (hereinafter referred to as “Defendant vehicle”) and stopped on the side of the road, and the vehicle of the bitler belonging to the U.S. Armed Forces in Korea (hereinafter referred to as “Defendant vehicle”).
(hereinafter referred to as the “instant accident”). C.
From November 14, 2013 to April 1, 2014, the Plaintiff paid KRW 13,906,140 in total, including medical expenses, agreed amount, and repair expenses incurred from the instant accident, to A as insurance proceeds.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the above facts of recognition, the accident of this case is found to be caused by the negligence of the driver of the vehicle of this case who entered the vehicle of this case who entered the vehicle of this case without proper awareness of speed even though the vehicle of this case had already entered the vehicle of this case, and stops on the side without proper confirmation of the vehicle of the driver of the vehicle of this case coming from the side, and the negligence of the driver of the vehicle of this case who entered the vehicle of this case who entered the vehicle of this case inevitably without proper confirmation. It is reasonable to view that the negligence ratio is about 20 to 80.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 11,124,912 (i.e., KRW 13,906,140 x 0.8) and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from April 2, 2014, which is the day following the final payment date of insurance proceeds, until November 7, 2014, which is the date when the first instance court rendered a decision, to the effect that the Defendant claims the existence or scope of the obligation.
3. Conclusion