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Reasons
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(영문) 서울중앙지방법원 2015.04.24 2014가단256719
구상금
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1. The Defendant’s KRW 18,66,00 for the Plaintiff and KRW 5% per annum from August 14, 2014 to April 24, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that has entered into a comprehensive automobile insurance contract with A and B (hereinafter “Plaintiff”) and the Defendant is the Korea Automobile Financial Cooperative for C (hereinafter “Defendant”).

B. A, around 13:30 on May 25, 2014, when driving the Plaintiff’s vehicle and driving the two-lanes in the Daegu Port Highway at the time of Yongcheon-si. However, the Defendant’s vehicle running at the three-lane, as a result of a breakdown, discovered a non-motor vehicle that is in the emergency stop at the front section of the road at a late time, and caused an accident of shocking the Plaintiff’s vehicle by changing the vehicle lane at a two-lane to avoid a collision (hereinafter “instant accident”).

C. On August 13, 2014, the Plaintiff paid KRW 20,650,00 as the repair cost of the Plaintiff’s vehicle, and KRW 90,00 as the vehicle seal cost.

[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1 through 7, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant's vehicle that caused the accident of this case due to the rapid change of the lane is responsible for compensating for the damage, and the plaintiff who paid the insurance money can exercise the right of indemnification for the damage of the insured.

However, in the instant accident, A, a driver of the Plaintiff, is negligent in neglecting the front line (According to each description and image of the evidence Nos. 3, 4, and 5 of this case, the Defendant’s vehicle is deemed to have been replaced by the front line while the Defendant’s vehicle is overtaking the Defendant’s vehicle, which is driving the three-lane vehicle, and the Plaintiff’s liability ratio is limited to 90%.

3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff KRW 18,66,00 (=20,740,000 x 0.9) and damages for delay calculated at the rate of 5% per annum from August 14, 2014 to April 24, 2015, the sentencing date of this case, and 20% per annum from the following day to the date of full payment.

Part of the plaintiff's claim is accepted.

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