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(영문) 광주지방법원 2017.10.18 2017가단508517
구상금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 30 million to the Plaintiff (Counterclaim Defendant) and against this, from September 28, 2016 to October 18, 2017.

Reasons

1. Facts without dispute;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with A and B K3 automobiles (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with C and D SP car (hereinafter “Defendant vehicle”).

B. On June 29, 2016, at around 02:05, the Plaintiff’s vehicle was immediately straighted without temporarily stopping the intersection of the distance in front of the west-dong, west-dong, west-dong, Gwangju Metropolitan City, from the black distance distance to the long-speed, without temporarily stopping it, as indicated in the field map of the accident scene at the time of the accident.

(The plaintiff's vehicle is marked Ma2).

The Defendant’s vehicle, as indicated in the above-mentioned site map, is proceeding along the intersection from the direction of the lower police box to the lower south of the said intersection, and without examining the Plaintiff’s vehicle, which is proceeding on the left side of the said intersection, but is proceeding on the left side of the said intersection, immediately facing the speed exceeding 23 km a speed of 23 km, and entered the said intersection.

(The Defendant’s vehicle is marked as Ma1).

As above, the Plaintiff’s driver A and the Defendant’s driver C’s negligence caused a traffic accident involving the front side of the Plaintiff’s vehicle in front of the Defendant’s vehicle at the same time, which led to the death of the Plaintiff’s passenger E.

(hereinafter “instant accident”). E.

On September 27, 2016, the Plaintiff paid KRW 200 million to the insured Party A with the insurance proceeds of E who died of the instant accident, and upon the Plaintiff’s request for reimbursement, the Defendant paid KRW 100 million to the Plaintiff.

2. The assertion and judgment

A. The party’s assertion 1) The summary of the main claim is as follows: (a) the occurrence of the instant accident and the expansion of damages caused the Defendant’s vehicle’s fault at 80%; and (b) thus, the Defendant’s fault should be assessed as 80%. Therefore, the Defendant is out of KRW 160 million (=20 million) x 80%, which is the amount according to its liability ratio.

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