logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.09.12 2018나28876
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A non-string vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B-wing vehicles (hereinafter “Defendant”).

B. On May 24, 2017, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle on May 24, 2017, and followed by the Defendant’s vehicle, who was left left left at the right turn from the front side of the door-dong street crossing of the door-dong and Chang-dong, Daejeon to turn to the left at the right right turn from the front side of the door-dong street to the front side of the door-dong street at the front of the Defendant’s vehicle.

(hereinafter referred to as “instant accident”). C.

On May 30, 2017, the Plaintiff paid KRW 630,000 as compensation for damages to the owner of the Plaintiff’s vehicle on May 30, 2017, and collected KRW 125,000 as compensation for losses on May 29, 2017, and paid KRW 505,000 (=630,000 - 125,000).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 8, and 9, each of Gap evidence Nos. 2 and 5, each of Gap evidence No. 2 and 5, and the purport of the whole of the pleadings [Evidence No. 1]

2. The parties' assertion and judgment

A. The main point of the party’s assertion (i) the instant accident was caused by the shock of the Plaintiff’s vehicle, which had been driven by the Plaintiff’s vehicle to the left and left normally while trying to overtake the Plaintiff’s vehicle, and the accident was caused by the former negligence of the Defendant’s driver.

However, the Plaintiff paid the insurance money of KRW 505,00 for the repair cost of the instant vehicle due to the instant accident for the insured of the Plaintiff, by subrogation of the insurer under Article 682 of the Commercial Act, thereby acquiring the right to claim damages against the insured driver of the vehicle.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obliged to pay to the plaintiff 505,000 won with the indemnity and damages for delay.

Dor. Dor.

arrow