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(영문) 대구지방법원 2019.05.30 2018가단139910
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with E and F-E (hereinafter “Plaintiff vehicle”) and the Defendant is an insurer who has entered into an automobile insurance contract with G and H lowest vehicle (hereinafter “Defendant vehicle”).

B. At around 22:10 on October 28, 2016, E, while driving the Plaintiff’s vehicle in the U.S., U.S., U.S., and driving the Plaintiff’s vehicle in the two-lane, he returned to the front part of the Plaintiff’s vehicle (hereinafter “the first accident”). While G driving the Defendant vehicle and entering the two-lanes from the said two-lanes, E (hereinafter “the two-lane”) died due to the foregoing accidents.

C. The Plaintiff paid KRW 101,023,960 to the deceased’s heir, etc. with the insurance money under a special contract for automobile injury security.

The Plaintiff claimed that the Defendant ought to share KRW 50,511,980 (50% of the insurance proceeds) with respect to the insurance proceeds paid as above by the Deliberation Committee on Compensation Payments (hereinafter “Deliberation Committee”). The Deliberation Committee decided to adjust as follows.

The ratio of deliberation and decision-making liability (Plaintiff) 40 respondent (Defendant) 60,614,376 won, the grounds for deliberation and decision-making on KRW 60,614,376 caused the secondary accident in which the Defendant’s vehicle following the primary accident, which was driven by the Plaintiff’s vehicle following the primary accident, was 40% of the Plaintiff’s vehicle for the secondary accident and 60% of the Defendant’s vehicle. Thus, there is no dispute as to the damages caused by the death of the Plaintiff’s vehicle owner, for which the Plaintiff seeks, is 50% of the share of the primary accident and the secondary accident, and the Defendant may claim 60% of the total damages among the 50% of the total damages to the Defendant. However, there is no proof as to the amount already paid by the Defendant, and thus separate settlement is made.

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