logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.12.08 2019가단5162548
구상금
Text

The defendant's KRW 34,112,698 to the plaintiff and 5% per annum from November 8, 2019 to December 8, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to Clearning vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a bicycle liability insurance contract with D as to the bicycle that he operated at the time of the following accident (hereinafter “Defendant bicycle”).

B. On April 12, 2019, around 12:15, the Plaintiff’s vehicle was in the middle of three lanes near the 104 lane near the 104 lane near the Bupyeong-gu, Incheon.

D The Plaintiff’s bicycle riding and driving ahead of the above road to the direction of the Plaintiff’s vehicle driving, and the bicycle’s front part that was driven on the right side of the bicycle going beyond the Gap’s own center was shocked, and the above bicycle was pushed down to the right side due to its shock, and there was an accident that shocks E on the front side of the Plaintiff’s bicycle (hereinafter “instant accident”).

C. E suffered injury, such as an external propopa, which requires approximately six weeks of medical treatment due to the instant accident. D.

The Plaintiff paid to E the sum of KRW 44,885,130, the agreed amount of KRW 18,00,000,000, and the final payment date is November 7, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 13, Eul evidence No. 3, or the purport of the whole pleadings

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

A. The insurer of the insurance contract, which has paid insurance money to one of the joint tortfeasors, and the insured under Article 682 of the Commercial Act, is established within the extent of the proportion of the liability of the other joint tortfeasors when he/she has paid more than the part of the insured's liability to obtain joint exemption. The insurer who has concluded the insurance contract with each joint tortfeasor, respectively, shall be limited to the relationship between the victim of the joint tortfeasor and each joint tortfeasor.

arrow