(영문) 서울중앙지방법원 2015.07.16 2014나51007

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자간(%)

(영문) 서울중앙지방법원 2015.07.16 2014나51007

구상금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

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

B. On October 5, 2013, at around 11:10, C driving the Plaintiff’s vehicle and driving the two-lanes of the three-lanes at a point 265 km away from the parallel line of the Yellow-gu, Songjin-si, Songjin-si, which is located in the half-lane of the west-do, at the same time, and the Defendant’s vehicle changed from the three-lane to the two-lanes, and the vehicle was changed to the two-lanes, and there was an accident that conflict with the part of the D vehicle, which is in progress as the one-lane of the end of the vehicle on the right side of the Plaintiff’s left side (hereinafter “victim”).

C. By December 16, 2013, the Plaintiff paid KRW 5,540,060 in total, including agreed money and hospital treatment costs, KRW 1,391,450, and KRW 653,20 to F, KRW 586,010 to G, and KRW 1,424,830 to H, to E, who was on board the damaged vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 5, Eul evidence 4-1 to 13, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case occurred when the driver of the plaintiff's vehicle did not live well before and after the plaintiff's vehicle while driving a two-lane, and the driver of the plaintiff's vehicle changed the vehicle from the three-lane to the two-lane that the plaintiff's vehicle was driving, and caused the driver of the plaintiff's vehicle to rapidly avoid the vehicle from the two-lane to the one-lane. Since the negligence of the driver of the plaintiff's vehicle and the negligence ratio of the driver of the defendant vehicle are about 20:80, the defendant is liable to pay the plaintiff the insurance money paid to the plaintiff according to the fault ratio of the driver of the defendant vehicle. The defendant asserted that the driver of the vehicle in this case is liable to pay

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