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(영문) 서울중앙지방법원 2016.08.19 2015가단5334000
구상금
Text

1. As to the Plaintiff’s KRW 11,277,398 and its KRW 8,893,598, the Defendant shall start on September 15, 2015, and the remainder 2,383.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance policy with respect to B vehicles owned by A (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile comprehensive insurance policy with respect to C vehicles (hereinafter “Defendant vehicles”).

B. At around 19:20 on June 24, 2015, D, while driving the Plaintiff’s vehicle and driving three-lanes in the direction of the Gamban-dong located in the Gamban-dong, the vehicle of the Defendant is parked on the right side of the road by E, and the vehicle of the Defendant’s driver’s seat was cut down in front of the right side of the Plaintiff’s vehicle.

(hereinafter “instant primary accident”). C.

Plaintiff

After the instant first accident, the vehicle had lost its center and moved into a two-lane, followed by 30 meters from the right direction, and received the F-owned G vehicle on the right side, and due to the shock, conflicted in the order of H-owned vehicle, K-owned vehicle, and L-owned vehicle, which was parked in the front of the vehicle.

(hereinafter “instant secondary accident”). D.

By September 14, 2015, the Plaintiff paid KRW 3,980,00 (excluding expenses for deliberation of a dispute over indemnity) to A, and KRW 15,258,400, J 1,691,000, and KRW 1,500,00 to L, as property damages, such as repair expenses, etc. due to the instant accidents and secondary accidents.

On the other hand, the Defendant, who concluded the insurance contract with H with H, paid KRW 5,007,50,000 for total loss insurance proceeds due to the instant secondary accident, to H, and subsequently filed a lawsuit for indemnity against the Plaintiff under this court’s 2015 Ghana472352. In the said lawsuit, the Defendant rendered a compulsory adjustment decision to pay KRW 5,00,50 to the Defendant, which became final and conclusive.

Accordingly, by July 14, 2016, the Plaintiff paid the Defendant the compulsory adjustment amount of KRW 5,007,500, and paid KRW 399,000, and KRW 553,000, respectively, to H.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 14, images, and the purport of the whole pleadings.

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