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(영문) 인천지방법원 2016.01.14 2015가단232131
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A car (hereinafter “Plaintiff”), and the Defendant is the owner of B bus (hereinafter “Defendant vehicle”).

B. C driving the Plaintiff’s vehicle and changing the course to make a right-hand approach to the intersection where the two-lanes of the three-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, are entering the Hanyang apartment located on the right-hand side of the proceeding direction while driving along the two-lanes of the two-lanes of the two-lanes.

At this time, the driver of the defendant vehicle, driving with three lanes, stops in front of the bus stops adjacent to the intersection, re-entering again, and making a stop in order to find out that the plaintiff vehicle moving to the access road to the Hanyang apartment complex is moving to the access road to the Hanyang apartment complex by changing the vehicle to the one-way one-way one-way one-way one, and thereby to prevent the conflict with the plaintiff vehicle, and thereby, the D, E, F, G, and H, which were on the bus, suffered injury from the bus or faced with the bus.

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

By October 31, 2014, the Plaintiff paid insurance proceeds of KRW 1,953,980 to D, KRW 914,530 to E, KRW 1,248,310 to F, KRW 1,980,00 to G, KRW 90,42,420, and KRW 96,539,240 to H.

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

2. Determination

A. The Plaintiff’s assertion is a joint tort caused by the negligence of the Plaintiff’s driver C and the negligence of the Defendant’s driver. The Defendant’s fault ratio in light of the circumstances of the accident, etc. is 30%.

Inasmuch as the Plaintiff was jointly exempted from liability by paying insurance proceeds of KRW 96,539,240, the Defendant is obligated to pay to the Plaintiff the amount claimed in proportion to the fault ratio in accordance with the principle of subrogation by insurers.

B. According to the Road Traffic Act, all drivers of vehicles intend to make a right-hand turn to the intersection.

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