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1. The Seoul Central District Court 2017Gaso3477 decided on the Defendant’s recommendation for the payment of insurance proceeds to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who concluded an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”) with the Plaintiff as the insured of the fixed steel company as the insured.
The defendant is an insurer who has made an automatic insurance contract with respect to C vehicles owned by the defendant as insured by B (hereinafter referred to as the "Defendant Vehicle").
B. Around 16:51 on May 29, 2016, the Plaintiff’s vehicle was proceeding one lane at E-si, E-si, E-si, Hongcheon-si, and the Defendant’s vehicle was following the Plaintiff’s vehicle.
The Defendant’s vehicle, when the front front of the Plaintiff’s vehicle runs slowly, had the front side of the Plaintiff’s vehicle going beyond the center line to overtake the front part of the front side of the Defendant’s vehicle that was going beyond the center line in order to overtake the front part of the vehicle.
(See attached Form No. 3, hereinafter referred to as the "accident of this case").
1) The Plaintiff paid KRW 5,665,00 as repair cost for the Plaintiff’s vehicle due to the instant accident, and then paid the Defendant the amount of KRW 5,65,00 to the Deliberation Committee on the Settlement of Claims for Reimbursement (hereinafter “Deliberation Committee”).
2) The Deliberation Committee decided the negligence ratio between the Plaintiff’s driver of the instant vehicle and the Defendant’s driver of the instant vehicle to 40:60.
3) On January 5, 2017, the Defendant paid 3,399,000 won (=5,665,000 won x 60%) to the Plaintiff on the basis of the deliberation and resolution decision by the Deliberation Committee. D) On January 10, 2017, the Defendant filed a lawsuit seeking the return of the insurance proceeds (3,39,500 won (3,399,000 won - 5,665,000 won x 30%) against the Plaintiff on January 10, 2017, as Seoul Central District Court Decision 2017Ga3477, the fault ratio between the Plaintiff and the Defendant’s driver of the instant vehicle. As such, the Defendant filed a lawsuit against the Plaintiff on January 10, 2017.
2. On January 16, 2017, the above court held that "the plaintiff shall be KRW 1,699,500 to the defendant."