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(영문) 서울남부지방법원 2018.06.15 2017나65461
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On November 20, 2015, the driver of the Plaintiff’s vehicle driven three lanes in the vicinity of the shooting distance at the entrance of the village of the Soungdong-gu Seoul Special Metropolitan City, Young-si and the driver of the Plaintiff’s vehicle turned into two lanes while changing the two lanes, and the left part of the Plaintiff’s vehicle conflict with the other part of the Defendant’s vehicle, and there was an accident that the Plaintiff’s vehicle shocked the vehicle with C and D vehicles in the atmosphere (hereinafter “victim’s vehicle”) signaled on the first lane by a chain.

(hereinafter “instant accident”). C.

From December 11, 2015 to February 1, 2016, the Plaintiff paid KRW 10,081,580 for E’s medical expenses, which are drivers of victimized vehicles, and agreed fees, KRW 2,941,470 for the medical expenses of passengers aboard victimized vehicles, KRW 13,376,00 for the repair expenses of damaged vehicles, KRW 40 for 13,376,00 for the repair expenses of damaged vehicles, and KRW 26,79,050 for the black boxes.

On February 24, 2016, the Plaintiff filed a request for deliberation with the committee for deliberation on disputes over reimbursement of automobile insurance with respect to C vehicles, and as a result of deliberation, it was recognized as 80% of the negligence of Plaintiff vehicle and 20% of the negligence of Defendant vehicle.

Accordingly, on December 23, 2016, the defendant paid 414,390 won to the plaintiff, equivalent to the negligence of the defendant's vehicle (20%) with respect to the vehicle C.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, 4, 5, and 6, Gap evidence No. 3, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s allegation that the accident in this case occurred due to the Plaintiff’s negligence of 80% and the Defendant’s vehicle’s negligence of 20%, such as the decision of the committee for deliberation on the disputes over indemnity, and that the Plaintiff paid the expenses for medical treatment and repair of the victimized vehicle drivers and passengers in full, and thus the Defendant’s driver jointly discharged from liability. As such, the Defendant, the insurer, is the insurer, KRW 5,359,810 = 26.

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