logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.01.24 2017나51992
구상금
Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the overall purport of the arguments in the video products of Gap evidence Nos. 1 and 2, evidence Nos. 3 through 5, evidence Nos. 6-1 through 3, and evidence Nos. 2 through 4 (including evidence No. 3).

The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to Aystex A (hereinafter “Plaintiff”) and the Defendant is a mutual aid implementer who has entered into an automobile mutual aid contract with respect to B low-priced vehicles (hereinafter “Defendant”).

B. Around 15:45 on April 5, 2016, the driver of the Defendant vehicle: (a) had entered a bend and up to the third floor of the lower-class parking lot located in Ansan-si; and (b) had entered the bend and up to the third floor of the lower-class parking lot located in the lower-class, the driver of the Defendant vehicle shocked the front-class part of the Plaintiff vehicle on the left-class top of the lower-class part of the lower-class driver’s vehicle.

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

On August 1, 2016, the Plaintiff paid KRW 494,000 in total, including KRW 176,000 and KRW 318,00,00, to the Mapo Automobile Maintenance Co., Ltd. with the cost of repair and parts of the Plaintiff’s vehicle due to the instant accident.

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) the accident in this case occurred due to the former negligence of the driver of the defendant vehicle, who took a warning and warning along the bend path rapidly in the parking lot, without sufficiently checking the warning and warning, and the radius, and thus, the defendant, the insurer of the defendant vehicle, is liable to compensate the plaintiff vehicle for damages caused by the accident in this case. The plaintiff paid the insurance money of KRW 494,000 to the plaintiff vehicle for the plaintiff vehicle insured by subrogation under Article 682 of the Commercial Act by paying the insurance money of KRW 494,00 to the plaintiff vehicle.

arrow