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(영문) 전주지방법원 2017.04.05 2015가단29604
구상금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 21,779,782 to the Defendant (Counterclaim Plaintiff) and its related amount from April 15, 2015 to April 5, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A on March 30, 2014 with respect to B automobiles owned by A (hereinafter “Plaintiff”) (hereinafter “Plaintiff”).

B. The defendant is a corporation established for the purpose of operating mutual aid business, etc., and the limited liability company is a member of the defendant's association with regard to D-si operated by C who is an employee of C (hereinafter "Defendant vehicle").

C. At around 0:20 on March 11, 2015, C, the front part of the Plaintiff’s vehicle, driving the Defendant vehicle, driving the Defendant vehicle toward a restaurant room in the Gcafeteria apartment room, without reducing the speed or temporarily stopping the intersection and without checking whether there are vehicles, etc. crossing the said intersection, was the front part of the Defendant vehicle. D. The front part of the Plaintiff’s vehicle, driving the said intersection toward the front part of the front part of the Defendant vehicle.

On the other hand, at the shooting distance in front of the above two-lane, A driving the Plaintiff’s vehicle in front of the above two-lanes, and driving the Plaintiff’s vehicle toward the slope of the front of the moving intersection, and without looking at the front direction, A received the front part of the Defendant’s vehicle passing through the steering line at the speed of 107km/h at a restricted speed of 50km/h without looking at the front direction.

(hereinafter the above two cases collectively referred to as “instant accident”). E.

In relation to the instant accident, the Plaintiff spent the total of KRW 110,734,060 as damages until May 12, 2015, and the Defendant paid KRW 55,000,000 to the Plaintiff as its indemnity on April 14, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, Eul Nos. 5 and 6 (including virtual numbers), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s instant accident is concurrently caused by the negligence between A and C, and the negligence ratio is 3:7.

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