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(영문) 대구지방법원 2018.10.26 2017가단129305
구상금
Text

1. The Defendant’s KRW 11,250,00 for the Plaintiff and KRW 5% per annum from May 30, 2017 to October 26, 2018.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with Nonparty A (hereinafter the Plaintiff’s vehicle) and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with Nonparty C (hereinafter the Defendant’s vehicle).

B. On February 23, 2017, Nonparty D driving the Defendant’s vehicle and driving the Defendant’s vehicle at around 22:10, and driving the three-lane road in front of the F convenience store in Daegu Dong-gu, Daegu-gu along three-lanes from the boundary of the Dong-dong street to the newNe-distance bank, Nonparty D (hereinafter “victim”) crossinging the road from the left side of the moving direction to the right side of the road on the right side of the road crossing. Nonparty D shocked Nonparty G (hereinafter “the victim”) to the right side of the road on the right side of the road, and the victim fell into the two-lane above the front side of the left side of the Defendant’s vehicle and fell into the two-lane.

(hereinafter referred to as "the primary accident") . After the second accident, the plaintiff vehicle of the non-party H driving who was proceeding in the same direction as that of the above D was the victim according to the two-lane following the first accident.

(hereinafter referred to as "the second accident") and the first and second accidents of the same day were killed in 22:2 on the same day by the victim of the second and second accidents.

C. On May 29, 2017, the Plaintiff paid KRW 75,000,00 to the heir of the victim, the Samsung Fire & Marine Insurance Co., Ltd., a substitute driver of the above H, including the payment of insurance proceeds, paid KRW 75,00,000 to the said Samsung Fire & Marine Co., Ltd.

In addition, on June 16, 2017, the Plaintiff received KRW 15,000,000 from the Defendant, who is a joint liability for damages.

2. Considering the circumstances surrounding the first and second accidents of the owner, it is reasonable to view that the above H’s negligence, the driver of the Plaintiff’s vehicle, and the above D’s negligence, the driver of the Defendant’s vehicle, are 20%:80%: the Defendant, the insurer of the Plaintiff’s vehicle, shall incur damages of KRW 60,000,000, out of the damages amounting to 75,000,000.

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