(영문) 서울중앙지방법원 2018.11.14 2018나34529

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Reasons

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크기(pt)

굵기

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자간(%)

(영문) 서울중앙지방법원 2018.11.14 2018나34529

구상금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business operator who has entered into a motor vehicle mutual aid contract with respect to A (hereinafter “Plaintiff”) and the Defendant is a mutual aid business operator who entered into a motor vehicle mutual aid contract with respect to B (hereinafter “Defendant”).

B. On July 10, 2014, at around 20:55, a vehicle C (hereinafter “victim”) driven the three-lanes of the road near the Gangnam-gu Seoul Metropolitan Government along the direction of the territorial intersection along the intersection. However, the Plaintiff’s vehicle driving along the two-lanes of the said road in the same direction as that of the damaged vehicle, while changing the three-lanes into the front side of the damaged vehicle, the front side of the damaged vehicle was shocked by the front side of the damaged vehicle, and accordingly, the damaged vehicle was parked in the upper side of the front side of the damaged vehicle, while the damaged vehicle was pushed into the front side of the damaged vehicle.

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

Samsung Fire and Marine Insurance Co., Ltd., an insurer which entered into an automobile insurance contract with the damaged vehicle, filed a lawsuit claiming compensation against the Plaintiff for the damages arising from the instant accident, and the judgment was rendered. By July 29, 2016, the Plaintiff paid KRW 1,802,350 to Samsung Fire and Marine Insurance Co., Ltd. totaling KRW 27,255,910 and KRW 27,255,910 determined by the above judgment and KRW 1,802

On the other hand, until August 26, 2016, the Plaintiff paid KRW 7,052,80 to E, who is the driver and owner of the damaged vehicle, for the damages incurred from the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 1 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is the Defendant’s vehicle at the time of the instant accident.

유사 판례

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