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(영문) 서울중앙지방법원 2018.09.05 2018나21875
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that entered into a motor vehicle mutual aid agreement with respect to Asi (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into a motor vehicle insurance agreement with respect to B Oral Ba (hereinafter “Defendant Oral Ba”).

B. On November 15, 2016, around 23:25, the Plaintiff’s vehicle driven along the same lane in Seongbuk-gu Seoul, Seongbuk-gu, Seongbuk-gu, Seoul, 314 Hyundai department stores, and changed the lane to the four-lane of the above road to the four-lane of the above road at the crosswalk, and then, the Plaintiff’s vehicle obstructed the central line while driving along the crosswalk during the pedestrian signal and entered the opposite road.

Plaintiff

The vehicle, while proceeding on the above opposite road while driving, was faced with the left-hand side of the defendant Obaba, who was proceeding in violation of the suspension signal according to the pedestrian signal of the above crosswalk.

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

Defendant Otoba Co., Ltd suffered injuries, such as the bones of the left-hand luminous bones and the felites of the upper male, due to the instant accident, and the Plaintiff paid KRW 15,66,190 of the medical expenses of the above C until May 29, 2017 as insurance proceeds.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, the purport of the whole statement, video, or pleading

2. The assertion and judgment

A. Even if the plaintiff's assertion that the plaintiff's vehicle invadeds the central line, it is more likely that the negligence that the plaintiff's driver committed in violation of the signal while under the influence of alcohol contributed to the occurrence of the accident of this case. Therefore, it is reasonable to view that the negligence of the defendant's Oral Ba is 70% in the accident of this case.

Therefore, the defendant is obligated to pay 10,966,33 won (=15,66,190 won x 70%) equivalent to the above ratio of negligence among the insurance money paid by the plaintiff to the plaintiff as compensation amount.

B. The following circumstances that can be acknowledged by the above facts of recognition and the evidence mentioned above, namely, the Plaintiff’s vehicle shall be established up to the Central Separation.

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