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(영문) 서울중앙지방법원 2016.11.25 2015가단5386698
구상금
Text

1. The Defendant: (a) KRW 33,380,000 for the Plaintiff and KRW 5% per annum from May 27, 2015 to November 25, 2016, and the following.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to the vehicles A, A, A, Lyd, Inc., Ltd. (hereinafter “Plaintiff vehicles”), and the Defendant is an insurer who entered into an automobile insurance contract with respect to the vehicles B, K5 (hereinafter “Defendant vehicles”).

B. Around 20:50 on July 27, 2014, the Plaintiff’s driver driven the Plaintiff’s vehicle and moved to the intersection of the Plaintiff’s vehicle in the vicinity of the Jancheon-si, Chungcheongnam-do, and the bus platform of the area adjacent to the Gangseo-gu Park. On the other hand, the instant accident, which fell into the front part of the Defendant’s driver’s seat in front of the driver’s seat in front of the Plaintiff’s vehicle and the front part of the Plaintiff’s left side of the front part of the Plaintiff’s vehicle, was occurred.

C. On May 26, 2015, the Plaintiff paid insurance proceeds of KRW 66760,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries or videos of Gap's evidence 1 to 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant’s vehicle continued to proceed with the Defendant’s vehicle at almost at the time of entering the intersection and passing through the intersection, and the Defendant’s negligence liability ratio for the instant accident reaches 80%, and thus, the Defendant is obliged to claim the amount equivalent to the Defendant’s liability ratio, out of the insurance money paid by the Plaintiff to the Plaintiff.

B. In full view of the contents and images of Gap evidence Nos. 4, 5, and Eul evidence No. 1, the driver of the defendant vehicle stated that the accident of this case occurred between the plaintiff vehicle's access to the intersection with large noise, and the fact that the width of the road run by the plaintiff vehicle and the defendant vehicle is similar.

In light of the above facts, in the case of this case where the driving speed of the Plaintiff’s vehicle at the time of the accident and the driving speed of the Defendant’s vehicle are not revealed, the Plaintiff’s vehicle.

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