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(영문) 서울중앙지방법원 2019.11.26 2018나80515
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. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On January 21, 2018, the Plaintiff’s vehicle involved in the instant accident, including the background of the accident, was driving one-lane of the two-lanes in front of the road in front of the front region E located in the front region located in the front region of the 13005 place of the Plaintiff’s insured vehicle (hereinafter “Defendant’s vehicle”), Defendant insured vehicle (hereinafter “Defendant’s vehicle”), such as the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”).

The defendant's vehicle stops in a two-lane and enters a one-lane, and was placed on the back side of the plaintiff's vehicle and was placed on the back of the plaintiff's vehicle.

The final payment of KRW 1,00,000 for 1,00,000 for the payment of insurance proceeds, and KRW 296,880 for the medical expenses, to the plaintiff vehicle Dong G on March 21, 2018.

B. In light of the background of the accident and the shock of the vehicle, etc. prior to determining negligence, it is reasonable to deem that the accident in this case occurred by the negligence of the Defendant driver who did not properly look at the vehicle driving in the first lane while stopping at the second lane.

[Ground of recognition] Unsatisfy, Gap 1 through 6, the purport of the whole pleadings

2. As to the plaintiff's claim for reimbursement by subrogation against the insurer of the cause of the claim, the defendant asserts that even if the plaintiff paid the insurance money, it cannot claim for reimbursement against the defendant, since the accident of this case is not likely to cause bodily injury.

According to the entry of No. 6 and the purport of the whole pleadings, the plaintiff is aware that the amount of damages against G was calculated as follows.

The consolation money: 150,000 won; 189,885 won = 2,233,975 (monthly income)/30 x 0.85 (number of months of operation) x 3; the period of hospitalization : 36,270 won: 6,270 won in total, 623,845 won in this case; 1,000,000 won in future treatment expenses; the course of the accident in this case; the degree of the damage of the vehicle; the degree of the damage of the vehicle; and the specifications of the vehicle in both cases; however, the accident can be said to be relatively minor; however, it cannot be concluded that there was no injury to the passenger on the ground that the accident did not occur.

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