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(영문) 서울서부지방법원 2018.10.25 2016가단35089
손해배상(기)
Text

1. The Plaintiff, Defendant A, Defendant A, and Defendant Meritorious Damage Insurance Co., Ltd., jointly with Defendant A.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) B are as follows: B around December 15, 2013, C Buses owned by the Plaintiff (hereinafter “Plaintiff”) and around 17:35.

D.A D vehicle driven by Defendant A (hereinafter referred to as “Defendant vehicle”) while driving a road near the 1kth km in the coast guard direction in the west-ri Coastal Highway, the west-ri Coastal Highway, the Seosan-si, the Seosan-si.

) An accident occurred where the front side of the right side and the left side of the Plaintiff’s vehicle are shocked (hereinafter “instant accident”).

2) Defendant M&C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is an insurer that entered into an automobile insurance contract with respect to Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

3) In a lawsuit claiming indemnity against the Defendant Company, Samsung Fire and Marine Insurance Co., Ltd. (Seoul Central District Court 2014Kadan217844, Seoul High Court 2016Na76048, and Supreme Court 2018Da246798, the Plaintiff Company, the insurer of the Plaintiff vehicle, a judgment was rendered and confirmed to determine the rate of fault between the Plaintiff and the Defendant in relation to the instant accident, as 50%, respectively. [Grounds for recognition] The fact that there is no dispute over the instant accident, Gap 1, 2, and 5 through 10 evidence (including household numbers; hereinafter the same shall apply)

each entry, the purport of the whole pleading

B. According to the recognition of liability and the recognition of the above limitation, the accident in this case occurred concurrently between the negligence of the plaintiff's vehicle and the defendant's vehicle, so the defendant A, the driver of the defendant's vehicle, is liable to compensate for the damage suffered by the plaintiff due to the accident in this case, but its liability is limited to 50%

In addition, as an insurer of the defendant vehicle, the defendant company is jointly and severally liable with the defendant A to compensate for the damage within the extent of the liability insurance contract.

As to this, Defendant A, who was acquitted in a related criminal trial, asserts that the instant accident was caused by the total negligence of the Plaintiff vehicle, and thus, Defendant A does not bear liability for damages.

However, the facts recognized in the relevant criminal judgment are recognized.

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