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(영문) 서울중앙지방법원 2018.06.05 2017나77321
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

[Claim]

Reasons

1. The Plaintiff is an insurer who has entered into an automobile insurance contract containing a special agreement for automobile driving security with A.

The defendant is a mutual aid business entity that has entered into a mutual aid agreement on the taxi vehicle B (hereinafter referred to as the "Defendant vehicle").

A, around 17:10 on September 21, 2016, the vehicle C (hereinafter referred to as “Plaintiff”) which is the same vehicle for the company, was driven by the vehicle C (hereinafter referred to as “Plaintiff”), and the three-lanes of the three-lane front of the Escopon in Eunpyeong-gu Seoul Metropolitan Escopon in front of the Escopon in the front of the Escopon in the front of the Escopon. At the same time, the vehicle in front of the vehicle in the front of the vehicle in the front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the accident (hereinafter referred to as “accident in this case”).

Until December 19, 2016, the Plaintiff paid insurance proceeds of KRW 5,089,470 to F under the pretext of hospital treatment expenses, agreement fees, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. The Plaintiff’s assertion that the accident in this case occurred due to the Plaintiff’s failure to perform the duty of front-time care, and thus, constitutes a joint tort caused by the Plaintiff’s fault by the Defendant’s driver at the latest discovered time. In light of the circumstances surrounding the accident in this case, the degree of contribution to the accident in this case by the Plaintiff’s driver and the Defendant’s driver

Inasmuch as the Plaintiff and the Defendant were jointly relieved of liability upon paying the insurance proceeds to the Plaintiff, the Defendant is obligated to pay the Plaintiff the indemnity amount of KRW 2,544,735 (=5,089,470 x 50%).

The defendant's assertion that the accident of this case was stopped at the time, but was launched rapidly, and the direction of the progress of the defendant's vehicle is just.

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