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(영문) 수원지방법원 2015.09.11 2014가단68118
구상금
Text

1. The Defendant’s KRW 7,288,00 and its related KRW 5% per annum from October 22, 2014 to September 11, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A U.S. vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B B ready-mixed vehicle (hereinafter “Defendant vehicle”).

B. At around 12:10 on September 4, 2014, C driven the Plaintiff’s vehicle and continued to run a road near the Seongbuk Jinsle at the 152-ro 152-ro in the Yellow Sea, Seogra-ri, the amount of reduction and exemption, on the surface of both reduction and exemption offices.

C. C dump trucks, which had been driven prior to the entrance distance of scarp trucks without signal, etc. (hereinafter “scarp trucks”). C dump trucks in the middle line with yellow solid lines were invaded to overtake the dump trucks. The above dump trucks were at the entrance of scarp trucks, and the Defendant’s vehicle used the dump trucks to turn to the left at the entrance of the scarp trucks at the entrance of scarp containers.

As a result, the front side of the Plaintiff’s vehicle and the front side of the Defendant vehicle conflict.

(hereinafter “instant accident”). E.

On October 21, 2014, the Plaintiff paid KRW 36,440,000 to the Plaintiff’s vehicle with respect to the instant accident.

[Grounds for Recognition: Facts without dispute, Gap evidence 1-4, Eul evidence 1-5 (including branch numbers, if any) and the purport of the whole pleadings]

2. Determination

A. According to the above facts, the accident of this case occurred when C, the driver of the plaintiff vehicle, was involved in the negligence of driving the central line by the driver of the plaintiff vehicle, and the negligence that the driver of the defendant vehicle did not properly consider the front and rear left while entering the road.

She thereby, the defendant is obliged to pay the amount of indemnity equivalent to the portion of the plaintiff's liability to the plaintiff upon the plaintiff's subrogation pursuant to Article 682 of the Commercial Act.

B. (i) the occurrence of the instant accident.

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