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(영문) 서울중앙지방법원 2016.09.09 2016나25699
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract including security for self-physical accidents with respect to B vehicles owned by A (hereinafter referred to as “Plaintiff vehicle”), and the Defendant is a mutual aid business operator who has entered into a mutual aid contract with C vehicle (hereinafter referred to as “Defendant vehicle”).

B. On January 22, 2015, at around 16:50, the Defendant’s vehicle, who driven the Plaintiff’s vehicle at the remote distance intersection in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, and was left left at the opposite lane pursuant to the new subparagraph, and entered the two-lane road, conflict between the front left part of the Defendant’s vehicle and the front part of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

On March 19, 2015, the Plaintiff paid KRW 950,220,00 for the full amount of medical expenses in accordance with the regulations on compensation for self-physical accidents.

Of the terms and conditions of the instant insurance contract, “the insurer shall pay the actual amount of damages within the limit of the insurance amount by class of injury in accordance with the classification of injury in the standard for payment of self-physical accidents and the table of the amount of insurance coverage for each class in cases where the insured suffers from an injury due to an accident that occurred while the insured owns, uses, or manages the insured automobile, and the operation or operation of the insured automobile, and the doctor requires medical treatment as a direct result, the insurer shall pay the actual amount of damages within the limit of the insurance amount by class of injury in accordance with the table of the amount of insurance coverage. In the case of an accident with another vehicle among the actual amount of damages, the remainder after deducting the amount entitled to compensation pursuant to

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, Eul evidence 1, 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The main point of the Plaintiff’s assertion is that the instant accident occurred concurrently between the Plaintiff’s vehicle and the Defendant’s vehicle’s negligence, and thus, the Plaintiff paid the insurance money to A.

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