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(영문) 서울중앙지방법원 2021.02.09 2020나30223
구상금
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to D buses (hereinafter “Plaintiff”), and the Defendant B Co., Ltd. (hereinafter “B”) is the owner of the E vehicle (hereinafter “Defendant”) and the Defendant C Mutual Aid Association is a mutual aid business entity who entered into a mutual aid agreement with the Defendant B as a person who would be entitled to mutual aid with respect to the Defendant’s vehicle.

B. On August 17, 2017, F leased each Defendant’s vehicle (hereinafter “instant lease agreement”) with Defendant B at KRW 4,59,000, setting the lending period between Defendant B and KRW 4,59,000 (hereinafter “instant lease”).

F On July 12, 2019, around 08:10 on July 12, 2019, the driver driving the Defendant vehicle and driving it along the first lane of the road in front of the viewing road in the Guri-si, Seori-si, the driver’s length of the Plaintiff vehicle, which was driven at the third lane, was changed to the third lane to enter the right oil station, and the driver’s front part of the Plaintiff vehicle, which was driven at the third lane, was shocked with the front part of the front part of the Defendant vehicle (hereinafter “instant accident”).

From July 16, 2019 to July 29, 2019, the Plaintiff paid the insurance proceeds of KRW 3,556,100,00, in total, to three other than the passenger G of the Plaintiff vehicle, as the insurer of the Plaintiff vehicle.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 5, video, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion that the instant accident occurred due to a sudden change of lanes without using any direction direction, etc. by the Defendant’s vehicle.

Therefore, Defendant B is the owner or the driver of the Defendant vehicle, and Defendant C’s mutual aid association is responsible for compensating for damages caused by the instant accident as a mutual aid implementer who entered into a mutual aid agreement on the Defendant vehicle. Therefore, the Plaintiff, who acquired the insurer’s subrogation, is liable to pay the insurance

(2) The Defendants’ assertion F did not pay the rental fee under the instant lease agreement.

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