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(영문) 서울중앙지방법원 2017.01.17 2016가단57855
구상금
Text

1. The Defendant Han Lan Insurance Co., Ltd.: (a) KRW 17,097,250 on the Plaintiff and its related thereto, from December 18, 2015 to January 17, 2017.

Reasons

1. Facts of recognition;

A. With respect to Nonparty A and B (hereinafter “Plaintiff”) vehicles, the Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the vehicle C (hereinafter “Defendant 1”), and the Defendant 1 Neitter car mutual aid association (hereinafter “Defendant 2”) is a mutual aid insurer who entered into a mutual aid agreement with respect to the vehicle D (hereinafter “Defendant 2”).

B. On October 15, 2015, at around 09:00, Defendant 1, who driven a four-lane in the middle line of the middle line of the metropolitan metropolitan metropolitan metropolitan cycle road, in the vicinity of the middle line of the middle line of the metropolitan metropolitan cycle highway, was changed to a three-lane, and the collision with Defendant 2, who is running a three-lane, led to Defendant 2’s collision with the two-lane. As the Plaintiff, who was driving a two-lane, turned into a one-lane to avoid this, and the Plaintiff, who was driving a two-lane, led to an accident (hereinafter “instant accident”).

C. In the instant accident, the Plaintiff paid KRW 28,345,00 to the owner of the non-party vehicle for KRW 5,849,50 for the repair cost of the Plaintiff’s vehicle, respectively.

The adequacy of the insurance money paid by the Plaintiff is not disputed.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 9 (including provisional number), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is an force majeure accident that occurred in the course of emergency evacuation on the Plaintiff’s two-lanes of vehicle driving in a two-lane, and that occurred in the course of emergency evacuation. As such, Defendant 1 and 2 have a full negligence on the part of Defendant 1 and 2, the Defendants in subrogation of the victims’ rights by paying the insurance money, jointly paid the insurance money to the Plaintiff.

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