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(영문) 서울남부지방법원 2018.11.28 2017가단253373
구상금
Text

1. As to KRW 1,858,554 and KRW 1,686,00 among them, the Defendant shall pay to the Plaintiff KRW 1,858,554 from June 27, 2016, and KRW 172,554.

Reasons

1. Facts of recognition;

A. The Plaintiff is the insurer of C vehicle owned by A while driving (hereinafter “Plaintiff”) and the Defendant is the insurer of the E vehicle driven by D (hereinafter “Defendant”).

나. 원고차량은 2016. 6. 15. 08:05경 경남 양산시 동면 석산리 부산국제우체국 앞 사거리 교차로에서 좌회전을 하다가 위 교차로에서 직진 중이던 피고차량 조수석 앞 타이어를 원고차량 앞 범퍼로 충격하였고, 위 충격으로 인하여 피고차량은 튕겨져 보도블럭 내 잔디 위에 서 있는 F를 충격하여 F에게 상해를 입혔다

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

On June 27, 2016, the Plaintiff paid KRW 7,430,00 to B with the Plaintiff’s total damage insurance proceeds, and paid KRW 24,932,780 in total to F, etc. by May 17, 2017. On March 21, 2017, the Plaintiff paid KRW 280,000,000 to F, with all compensation agreements other than medical expenses.

On the other hand, the Plaintiff returned 1810,000 won to the Plaintiff Company for the remainder of the Plaintiff vehicle after the payment of the Plaintiff’s total loss insurance proceeds. ② The Defendant received KRW 11,449,780 from the Defendant as the amount of indemnity for the amount of compensation for damages, and KRW 79,857,500 as the amount of indemnity for the amount of compensation for damages.

E. As to the application for the adjustment of the indemnity amount claimed by the Defendant, the Plaintiff did not accept the said decision, on the ground that “the liability of the Plaintiff for the instant accident shall be 70%, and the liability of the Defendant shall be 30%, taking into account the accidents inside the intersection, the entry of the Defendant’s vehicle, and the shock level.”

[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1 through 7, 14, 15 (including paper numbers) and Eul's 1 to 9, video and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted by the parties, both the Plaintiff’s vehicle and the Defendant’s vehicle are proceeding on the one-lane road.

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