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(영문) 대전지방법원 2015.10.29 2015나105139
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A regarding the Plaintiff-owned Bchip vehicle (hereinafter “Plaintiff-owned vehicle”), and the Defendant is the insurer who has entered into an automobile insurance contract with CF vehicle (hereinafter “Defendant-owned vehicle”).

B. Around 14:00 on October 9, 2014, D driving the Defendant’s vehicle and changing the lane into four lanes near the southwest of the Hack Tri Station as Seoul Olympic Games, while changing the lane into three lanes near the southwest of the Hacri Station, D received, as the left end of the Plaintiff’s vehicle driving a four-lane due to unreasonable or negligent negligence, followed by the driver, who followed the left end of the Defendant’s vehicle driving the four-lane.

(hereinafter “instant accident”). C.

On December 16, 2014, the Plaintiff paid KRW 196,550 of the insurance money to A at the repair cost of the Plaintiff’s vehicle destroyed by the instant accident.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 13 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendant, who is the insurer of the defendant vehicle, is liable for the damages sustained by the owner of the plaintiff vehicle due to the accident in this case caused by negligence by the driver of the defendant vehicle's improper intervention, and since the plaintiff paid 196,550 won to the owner of the plaintiff vehicle as insurance money, the defendant is liable to pay to the plaintiff who exercises the insurer's subrogation right under Article 682 of the Commercial Act the amount equivalent to the above insurance money under the ratio of the driver's liability

B. However, according to each of the above evidence, since the accident in this case occurred on the front side of the road along which the driver of the plaintiff vehicle, who runs a four-lane to move into the front side of the road at the time, had repeated clerks, and thus, the driver of the plaintiff vehicle, who runs the four-lane to move into the road at the same time, is also in preparation for the vehicle to move into the front side of the road at the right side of the accident in order to move into the front side of the road at the same time, and the driver of the plaintiff vehicle, who moves into the road

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