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(영문) 서울중앙지방법원 2016.11.08 2015가단5321394
구상금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. With respect to A and B Cargo Vehicles (hereinafter “Plaintiff”), the Defendant is the insurer who concluded each automobile insurance contract with C and D Automobile Quantity (hereinafter “Defendant Vehicle”).

B. At around 14:40 on October 9, 2012, C driven the Defendant’s vehicle and driven the intersection near the e-mail from the luminous port publicity center to the Magyang center along four-lanes, among the five-lane roads, C shocked the Plaintiff’s right side part of the fuel common part of the Plaintiff’s vehicle running along the yellow road along the one-lane from the port side of the Yellow Transit Terminal. Accordingly, the Defendant vehicle suffered the injury of the Defendant vehicle’s f, who was on the same line, caused the Defendant vehicle’s blood transfusion, etc.

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

On February 13, 2015, the Plaintiff paid KRW 63 million to F as compensation for injury and disability, and received KRW 63 million from the Defendant for liability insurance money.

The Plaintiff requested the Defendant to deliberate on the rate of fault of the Plaintiff and the Defendant’s vehicle in relation to the amount of KRW 3.8 million paid as insurance money for property damage caused by the instant accident.

On April 6, 2015, the committee for deliberation on indemnity disputes decided to adjust the ratio of liability of the Plaintiff’s vehicle to 40%, the ratio of liability of the Defendant’s vehicle to 60%, the amount of liability of the Defendant’s vehicle to 2.80,000 won. The above decision was finalized as it is

【Ground of recognition】 The fact that there exists no dispute, Gap’s 1 through 7 evidence, Gap’s 9-1 through 4, Gap’s 10-1, 2, Eul’s 2-1 through 3, and the purport of the whole pleadings

2. The judgment on this safety defense is based on the remainder of KRW 31,590,000,000, which was already paid by the Defendant to F, claiming that the ratio of the driver’s negligence of the Defendant’s vehicle in the instant accident was at least 60%, and the amount corresponding to the ratio of the driver’s negligence of the Defendant’s vehicle among KRW 6,315,00.

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