(영문) 서울중앙지방법원 2015.11.20 2014나68326

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(영문) 서울중앙지방법원 2015.11.20 2014나68326

구상금

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1. Revocation of the part against the plaintiff corresponding to the money ordered under the judgment of the court of first instance.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to A (hereinafter “Plaintiff”) and the Defendant is an insurer who entered into an automobile insurance contract with respect to B (hereinafter “Defendant”).

B. Around 11:45 on January 23, 2014, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle according to the Dollet Dollet in C, which is located in C, along the instant cafeteria road, and shocked the front part of the Defendant’s vehicle running along the said road on the front part of the Plaintiff’s vehicle.

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

By March 4, 2014, the Plaintiff paid KRW 572,570 as insurance money to the driver of the Defendant vehicle in total, including the medical expenses and the amount agreed upon by the driver of the Defendant vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 4, purport of whole pleadings

2. Assertion and determination

A. The plaintiff's assertion 1) The accident of this case occurred due to the shock of the defendant's vehicle that was driven in the part adjacent to the plaintiff's vehicle on the road without a median line. It is reasonable to view that the fault ratio of the plaintiff's driver and the defendant's driver on the occurrence of the accident of this case is 50:50, and since the plaintiff has jointly discharged the defendant by paying the insurance money due to the accident of this case to the defendant's driver, the defendant is obligated to pay 286,280 won equivalent to the driver's fault ratio of the defendant's driver, out of the insurance money paid to the plaintiff to the plaintiff. 2) The accident of this case occurred due to the driver's negligence of the plaintiff's driver who driven the plaintiff's vehicle while driving the one-way road in a normal way. Thus, the defendant is not obligated to respond to the plaintiff's claim for compensation.

(b) Determination Dominant Gap evidence No. 1, Eul evidence No. 3-1, and 2; or

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