logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.01.06 2019가단5145925
구상금
Text

1. The Defendant’s KRW 8,350,622 to the Plaintiff and its related KRW 5% per annum from June 13, 2019 to January 6, 2020.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with E vehicle (hereinafter “Defendant vehicle”).

B. Around 15:00 on April 21, 2019, the Plaintiff’s vehicle used three-lanes in front of the presidential park in front of the presidential park located in Cheongju-si, U.S., U.S., in the direction of the Agricultural Logistics Center, along with three-lanes on the boundary of the J.S., the Plaintiff’s vehicle met the Defendant’s left part of the Defendant’s bicycle’s bicycle’s left part with the front part of the front part of the vehicle’s right, and the victim’s head head fell on the front side of the Plaintiff’s front side of the vehicle, and eventually, the victim died of the Plaintiff’s head from the front side of the vehicle’s front side of the Plaintiff’s front side due to thropical thropical throsis, etc. on April 22, 2019.

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

On the other hand, at the time when the Plaintiff’s vehicle shocked the victim, the Defendant’s vehicle was parked at the right edge of the crosswalk immediately before the direction of progress.

By June 12, 2019, the Plaintiff paid the insurance money of KRW 642,00 for the Plaintiff’s automobile repair cost, KRW 82,864,220 for the medical expenses and damages for the victim, and KRW 83,506,220 for the damage compensation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1-1 to 5 and the purport of the whole pleadings

2. The parties' assertion

A. The accident in this case occurred when the negligence of the Defendant’s vehicle parked in the area where parking is prohibited in front of the crosswalk and the negligence of the Plaintiff’s vehicle occurred. The Plaintiff acquired the right to indemnity against the Defendant, who is the insurer of the Defendant vehicle, pursuant to Article 682 of the Commercial Act. As such, the Defendant is equivalent to the fault ratio of the Defendant vehicle (40%) out of the insurance money paid by the Plaintiff to the Plaintiff.

arrow