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(영문) 광주지방법원 2016.07.13 2016가단509582
구상금
Text

1. The Defendant: (a) KRW 21,431,065 to the Plaintiff, as well as KRW 5% per annum from April 13, 2016 to July 13, 2016; and (b) July 14, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The relationship between the parties is an insurer that entered into an automobile comprehensive insurance contract with respect to A and B owned vehicles (hereinafter “Plaintiff-motor vehicles”) with respect to which the amount stipulated in the Enforcement Decree of the Guarantee of Automobile Accident Compensation I (Liability Insurance), the personal injury II, and the personal injury liability KRW 200 million, respectively.

The defendant is a mutual aid business operator who has entered into a contract for automobile mutual aid with respect to non-packer tourism and his own C bus (hereinafter referred to as the "Defendant vehicle") with the coverage of liability I, the liability II, the liability II, and the liability of the large-scale goods compensation of KRW 50 million.

B. On August 29, 2014, around 19:50, in the event of a traffic accident, A driven the Plaintiff’s vehicle from the Sluri-dong Sluri-dong (hereinafter “instant private street”) to the front side of the Plaintiff’s vehicle, which was driven along the two-lanes from the front side of the two-lanes (five-lane) in the middle side of the two-lanes, while driving along the two-lanes along the two-lanes, a traffic accident occurred, and then A met the right side of the Defendant’s vehicle, which was left to the front side of the Plaintiff’s vehicle, to the front side of the Plaintiff’s vehicle.

(hereinafter referred to as “accident”. Attached Form 3 (see, e.g., “accident scene”).

With respect to the damages caused by the instant accident, the Plaintiff paid KRW 21,020,00 as repair expenses for the Plaintiff’s vehicle, and KRW 127,862,130 as the medical expenses and damages for the Plaintiff’s vehicle. The said payment insurance amount is an appropriate amount within the scope of the damages caused by the instant accident.

On the other hand, the defendant paid 42,50,000 won out of 127,862,130 won for the above damages to the plaintiff as compensation amount.

In the Jeju District Court case No. 2014Gau32840, the Plaintiff filed a lawsuit against the Defendant for reimbursement regarding the above repair cost. On January 25, 2016, the Plaintiff rendered a ruling of recommending reconciliation with the content of 50:50 regarding the negligence ratio of the Plaintiff’s vehicle and the Defendant’s vehicle, and both parties raise an objection.

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