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(영문) 대구지방법원 2017.09.14 2017나504
구상금
Text

1. The part against the defendant A in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant A is dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile mutual aid insurance contract with respect to Dsi owned by C (hereinafter “Plaintiff taxi”).

Defendant A is the driver of Oraba (F) Obaba (hereinafter referred to as “Defendant Obaba”) and Defendant B is the owner of Obaba.

B. At around 18:15 on February 13, 2013, Defendant Obane entered the said intersection at the dong-gu, Daegu Northern-ro, Daegu-do, through the home-fluoring plane from the intersection in front of the dong-dong intersection to the two-lane a three-lane radius, and the two-lanes of the Plaintiff-si, who left the left at the right edge of the said center at the dong-gu, dong-dong-dong-dong, Seocheon-do, the two-lanes of the Plaintiff-si, who turned to the left at the right edge of the said center.

(hereinafter referred to as “instant accident”). C.

With respect to the instant accident, the Plaintiff paid KRW 3,332,510, the agreed amount of KRW 2,500,000, total of KRW 5,832,510, to G on board the Plaintiff taxi.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 8, 9, Eul evidence Nos. 1 to 5, video, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's accident of this case conflicts with the plaintiff's taxi in violation of the defendant's Oba signal, and thus, the defendant Oba has a full negligence.

The Plaintiff acquired the rights of G to the Defendants in accordance with Article 682 of the Commercial Act, since the Plaintiff paid medical expenses and agreed money to G and exempted the Defendants from all liability for damages.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the sum of KRW 5,832,510 and the agreed amount paid by the Defendant to G, and the delay damages therefor.

B. At the time of the instant accident, G was urgent and left the scene of other taxiss immediately after the instant accident, and the driver of the Plaintiff taxi was not involved in the accident, and only the front driver of the Plaintiff taxi was replaced.

There is no contact with the accident of this case until 3 years elapse thereafter.

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