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(영문) 서울중앙지방법원 2015.08.18 2014가단62365
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 16,59,380 won and 5% per annum from June 8, 2013 to August 18, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract, including a special agreement on coverage by an non-insurance motor vehicle, with respect to D motor vehicles owned by C (hereinafter “Plaintiff-owned vehicle”).

B. C, around 08:05 on September 26, 2012, when driving the Plaintiff’s vehicle and driving it at the time of Ansan, C was under the right of driving the Plaintiff’s vehicle at the right of a three-lane distance intersection in front of the Pyeongtaek-gu Ham-gu.

Defendant A driving an E vehicle owned by Defendant B (hereinafter “Defendant vehicle”) at the above temporary border and was in effect to turn to the left at the above three distance, and C returned the vehicle to the right side in order to discover the vehicle of the Defendant and avoid the collision with the Defendant vehicle, and caused the injury.

On the other hand, the defendant's vehicle did not buy any insurance such as liability insurance.

C. The Plaintiff assessed C’s negligence as 35%, and paid 18,30,000 won (the amount of loss of KRW 8,283,60,00 for suspension of business operations 13,243,590 for loss of KRW 13,243,590 for agreed money, 4,365,790 for treatment expenses (12,473,700 x 35% for total treatment expenses x 12,473,700 x 35%) from April 12, 2013 to June 7, 2013, and recovered KRW 12,473,70 for treatment expenses from Aju University Medical Center, etc. as agreed money.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 17 (including branch numbers), the purport of the whole pleadings

2. Liability for damages and occurrence of the right of indemnity;

A. (1) In light of the facts of the recognition of Defendant A, the instant accident occurred due to the negligence of Defendant A’s breach of duty of safe driving, etc., and Defendant A is liable to compensate for the damages incurred by Defendant A due to the instant accident.

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