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(영문) 대구지방법원 2017.04.20 2016나13527
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who runs a mutual aid business pursuant to the Passenger Transport Service Act and has entered into a comprehensive automobile mutual aid agreement with A (hereinafter “Plaintiff”) with A, and the Defendant is an insurer who has entered into a comprehensive automobile mutual aid agreement with C on D vehicles owned by C (hereinafter “Defendant vehicles”).

B. At around 06:10 on July 27, 2013, A driven the Plaintiff’s vehicle on the three-lane road in front of the Daegu Northernbuk-gu E-gu, Daegubuk-do, and proceeded into two-lanes on the four-lane radius from the seat room of the apartment apartment room in front of the Plaintiff’s vehicle, the passenger F’s body on the front line of the vehicle was caused by the driver’s seat in the course of the change of the vehicle, which led to the Plaintiff’s failure to operate the steering gear properly, thereby leading the back of the Defendant’s vehicle, which was illegally parked on the third lane, and the Defendant’s vehicle was pushed into the GM3 vehicle (hereinafter “instant accident”).

C. The Plaintiff paid KRW 23,66,780 on September 16, 2013 to November 18, 2014 due to the instant accident, under the pretext of the Plaintiff’s passenger F medical treatment expenses and agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s vehicle was able to drive on three-lanes if the Plaintiff did not illegally drive the Defendant vehicle at the location of the instant accident, or could stop by shocking the road seat, and thus, the physical and human damage of the instant accident was increased due to the illegal parking of the Defendant vehicle. However, since the Plaintiff fully paid medical expenses and agreed money to the Defendant, and the Defendant entirely exempted the Defendant from liability for damages, the Plaintiff acquired the Plaintiff’s right to indemnity against the Defendant pursuant to Article 682 of the Commercial Act.

Meanwhile, according to the background and shock of the instant accident, etc., the Defendant.

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