(영문) 서울중앙지방법원 2016.05.27 2015나70470

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(영문) 서울중앙지방법원 2016.05.27 2015나70470

구상금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to a person with disabilities-free taxi parking vehicle (hereinafter “Plaintiff-owned vehicle”), and the Defendant is the user of B-owned taxi vehicle (hereinafter “Defendant-owned vehicle”).

B. On September 18, 2014, around 09:20, the Plaintiff’s vehicle was driving along the four lanes near the opening of the Gancheon-dong in Gangseo-gu Seoul Metropolitan Government to the high village ICT along the four-lane roads near the opening of the airport entrance intersection, and then changed the course from the four-lane to the five-lane and six-lane, and attempted to turn back to the open space of the Defendant’s vehicle into the open space, the front part of the front part of the driver’s seat of the Plaintiff’s vehicle located along the six-lane of the end of the vehicle. Accordingly, the Plaintiff’s vehicle was damaged by the Plaintiff’s passenger C, D and the passenger E of the Defendant vehicle, who suffered respective injuries.

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

By January 16, 2015, the Plaintiff paid insurance proceeds of KRW 430,250 (C), KRW 428,450 (D), KRW 38,856,550 (E), and KRW 5,431,540 as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 9 (including additional numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the negligence of the driver of the defendant vehicle neglected his duty of front-time watch and duty of safe driving contributed to the occurrence of the accident and damage in this case, the defendant asserts to the purport that the defendant is liable to pay the plaintiff the indemnity amount equivalent to the defendant's fault ratio (30%) out of the insurance money paid by the plaintiff, 1,629,462 won (5,431,540 won x 0.3) and its delay damages.

The defendant asserts that the accident of this case occurred by the plaintiff driver's unilateral negligence.

B. The facts of recognition and the above.

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