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(영문) 서울중앙지방법원 2015.09.15 2013가단5144562
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer under the automobile insurance contract (insured B, from July 14, 2012 to July 14, 2013; hereinafter “instant automobile insurance contract”) with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer under the automobile insurance contract with respect to C vehicle (hereinafter “Defendant vehicle”).

B. Around 13:05 on January 22, 2013, 2013, B driving the Plaintiff’s vehicle in front of the edo in Gwangju City, and driving the Plaintiff’s vehicle into the Do-ri-ri-ri-ri-distance area from the Do-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter referred to as “the first accident”).

(c) The Plaintiff, as an insurer, paid KRW 148,877,070 to F in accordance with the instant automobile insurance contract from March 18, 2013 to June 13, 2013, in accordance with the instant automobile insurance contract. [Grounds for recognition] The Plaintiff did not dispute, Gap evidence 1, 2, 5, and 7 (where there is a serial number, each statement, including a serial number, and the purport of the entire pleadings.

2. The assertion and judgment

A. After the Plaintiff’s primary accident occurred, an accident occurred that the Defendant’s vehicle, who followed the Plaintiff’s vehicle, carried the F, which was driven by the Defendant’s vehicle (hereinafter “salvine and accident”). Accordingly, F incurred serious injury, such as the blood mouth, the damage of the blick, and the clicking dys of unknown details.

F In light of the negligence in the Plaintiff’s vehicle driving vehicle B and the negligence of the Defendant’s vehicle driver, it is reasonable to view that the liability ratio of the Plaintiff’s vehicle driver and the Defendant’s vehicle driver is 70:30,00 in light of the first accident, station, and occurrence of accidents. Therefore, the Defendant is obliged to pay the Plaintiff the indemnity amount equivalent to 30% of the said insurance money and the damages for delay equivalent thereto, as above, under the instant automobile insurance contract.

(b) judgment priority;

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