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(영문) 서울중앙지방법원 2016.03.23 2015가단5068242
구상금
Text

1. The Defendant’s KRW 48,267,438 as well as 5% per annum from April 30, 2014 to March 23, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. With respect to A and B-learning passenger cars (hereinafter “Plaintiff”), the Defendant is the insurer who has concluded each comprehensive automobile insurance contract with respect to CM3 passenger cars (hereinafter “Defendant”), respectively.

B. At around 08:45 on October 11, 2013, A driven the Plaintiff’s vehicle at a altitude from the right side to the right side of a high-speed reservoir at the cost of the vehicle, and subsequently discovered the Defendant’s vehicle at the right side to the high-speed intersection (hereinafter “instant intersection”) from the sub-line village at the right side of the direction, at the right side of the course, at the speed of the Defendant’s vehicle at the right side of the cross-section, which followed the center line to avoid this, and shocked the Defendant’s vehicle at the e.p. chip of D driving, which was driven by the opposite line at the center to avoid this.

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

From October 14, 2013 to April 30, 2014, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 241,337,190 in total as damages, such as the Plaintiff’s driver A, the victim’s driver D, the passenger F, G, and H medical expenses, and vehicle repair expenses.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7 (including each number), the purport of the whole pleadings

2. Assertion and determination

A. The driver of the Defendant vehicle I, who claimed by the Plaintiff, was negligent in performing the duty of care to safely drive the vehicle by ascertaining the existence, speed, movement, etc. of the vehicle in entering the direction of the Plaintiff’s vehicle through the instant intersection.

The instant accident occurred by the negligence between A and Defendant 1, who is the driver of the Plaintiff vehicle, and the driver of the Defendant vehicle, and it is reasonable to view that the internal share ratio is 70% of the Plaintiff vehicle and 30% of the Defendant vehicle.

Therefore, the Defendant is obligated to claim to the Plaintiff the amount of KRW 72,401,157 equivalent to the ratio of internal share of liability out of the insurance money paid by the Plaintiff to the instant accident.

B. The defendant's argument I driver of the defendant vehicle I is the case.

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