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(영문) 서울중앙지방법원 2016.12.02 2016나56860
구상금
Text

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. Basic facts

A. With respect to A bus vehicles (hereinafter “Plaintiffs”), the Defendant is an insurance company that concluded each automobile insurance contract with respect to B passenger vehicles (hereinafter “Defendant vehicles”).

B. On January 9, 2015, around 11:37, at the two-lanes of the flow distance of the Gongnung-dong, Seoul Special Metropolitan City, Nowon-gu, the vehicle immediately behind the vehicle was waiting for left-hand turn.

Afterward, according to the left-hand turn to the left-hand turn, the defendant vehicle entered the two-lanes to the left-hand side, and the plaintiff vehicle entered the three-lanes to the left-hand side. The defendant vehicle was changed from the two-lanes to the three-lanes to the third-lanes, and the plaintiff vehicle intended to enter the vehicle was rapid, and as a result, C, which was in the seat for the passenger of the plaintiff vehicle at the time of leaving the bus ahead of the bus.

(hereinafter “instant accident”). As a result, C suffered from the injury of “the plehion of the plehion of the upper and the upper part’s plehion.”

C. As to the instant accident, the Plaintiff paid C totaling KRW 1,744,500 insurance proceeds from January 27, 2015 to March 5, 2015 (i.e., KRW 544,500,000,000,000).

[Ground of recognition] The fact that there has been no dispute, each entry and video of Gap's evidence Nos. 1 through 5, and purport of whole pleading

2. The parties' assertion;

A. The Plaintiff’s assertion that the instant accident took place without properly examining the Plaintiff’s vehicle following the Defendant’s vehicle after the left-hand turn at the intersection, and without using the direction direction, etc., while neglecting the negligence of the Defendant vehicle and the duty of front-handing and front-handing.

It is reasonable to view the negligence ratio of the driver of the defendant vehicle as 70%. It is reasonable to view that the negligence ratio of the driver of the vehicle is 70%.

Therefore, the defendant, the insurer of the defendant vehicle, is the plaintiff who subrogatedly acquired C's damage claim = KRW 1,221,150 of the amount of damage = the plaintiff.

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