(영문) 서울중앙지방법원 2016.04.06 2015가단5301208

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(영문) 서울중앙지방법원 2016.04.06 2015가단5301208

구상금

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1. The Defendant’s KRW 20,157,00 for the Plaintiff and KRW 5% per annum from April 10, 2015 to October 5, 2015.

Reasons

1. The following facts may be found either in dispute between the parties or in respect of each entry and video set forth in Gap evidence Nos. 1 to 8, Eul evidence No. 1 (including each number), together with the purport of the entire pleadings:

The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with A (hereinafter referred to as “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with D (hereinafter referred to as “Defendant”) with C.

B. A, around 15:55 on March 31, 2015, driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle at a high-priced level of 180 lanes adjacent to the 150-lane New Gro-Eup, Kimpo-si, Kimpo-si, leading to an elevated road near the end point.

At that time, the Defendant’s vehicle, who was directly in a high level with the Plaintiff’s vehicle, also entered the place of termination at a high level, and the Defendant’s vehicle attempted to leave the safety zone of the white real vehicle immediately at the end of the high level.

C. Although the Plaintiff’s driver tried to make a stop by reporting the Defendant’s vehicle that is bypassing, there was an accident that conflicts with the part of the Defendant’s vehicle wingler and the part of the fences front of the Plaintiff’s driver’s seat (hereinafter “instant accident”).

On April 9, 2015, the Plaintiff paid KRW 20,000,000 to A with the repair cost of the Plaintiff’s vehicle, and KRW 157,000 to E with the towing cost of the Plaintiff’s vehicle.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident occurred due to the negligence of the Defendant’s driver of the Defendant’s vehicle who was bypassing the safety zone. As such, the Defendant, as the mutual aid business operator of the Defendant’s vehicle, is obligated to pay the Plaintiff the insurance money of KRW 20,157,000 paid by the Plaintiff to the Plaintiff as the insurer of the Plaintiff’s vehicle, who acquired by subrogation the Plaintiff’s claim for damages, and damages for delay thereof. (2) The Defendant’s assertion that the instant accident occurred is the negligence of the Defendant’s driver who

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