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(영문) 광주지방법원 2016.12.09 2016나53424
구상금
Text

1. The defendant in the judgment of the first instance exceeds the money to be paid below to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with A (hereinafter “Plaintiff”) and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with C (hereinafter “Defendant”) with respect to the vehicle C.

B. On August 25, 2015, around 18:30 on August 25, 2015, the Plaintiff’s vehicle proceeded with the two lanes in front of the first complex of the Dongcheon-dong Village of Gwangju, Dongcheon-gu, Gwangju, by a collision with the Defendant’s vehicle that was going into one lane while changing the two lanes into one lane, causing a traffic accident that causes damage to the backer on the left side of the Plaintiff’s vehicle and the right-hand part of the Defendant’s vehicle (hereinafter “instant accident”).

C. At the time of the instant accident, the Plaintiff’s vehicle was driven by A, and his spouse D and his children E were on board.

A was diagnosed by the lusoral base and the lusoral base, and D and E were diagnosed by each brain-proof, lusoral base, and lusoral base.

E. Of the insurance proceeds for the instant accident, the Plaintiff paid KRW 1,831,200 to A, and KRW 1,972,630 to D, and KRW 1,978,390 to E, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion applies the Defendant’s terms and conditions to the extent that the amount calculated by offsetting the ratio of negligence to the amount calculated according to the standard set in the Defendant’s terms and conditions in the case of large-scale mutual-aid 1 and large-scale mutual-aid 2 is less than the amount corresponding to the treatment relationship cost, the Plaintiff is obliged to compensate for the amount corresponding to the treatment

B. The Defendant’s primary assertion (the Defendant’s primary assertion) is that the instant accident occurred when the Plaintiff’s vehicle attempted to make a U-turn without making a signal to change the fleet at a place where U-turn is not allowed, and thus, the Defendant is not responsible for the occurrence of the accident. 2) Preliminary assertion (the amount of the reimbursement and other claims) even if the instant accident occurred.

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