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(영문) 서울중앙지방법원 2018.03.19 2017나56416
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with B (hereinafter “Plaintiff”) between A and the Defendant is the insurer who has concluded the automobile insurance contract with C (hereinafter “Defendant”).

B. Around 08:40 on March 23, 2017, the Defendant’s vehicle proceeds in line with a three-lane of the three-lane of the three-lane of the three-lane road of the three-lane distance for children of Gangseo-gu Seoul, Gangnam-gu, Seoul. The Plaintiff’s vehicle, while entering the three-lane road along the right side of the direction that the Defendant’s vehicle passes, was shocked by the front side of the Plaintiff’s vehicle, with the front side of the Defendant’s vehicle’s front side.

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

From April 14, 2017 to May 22, 2017, the Plaintiff paid KRW 2,277,300, total insurance money to D, who is the passenger of the Plaintiff’s vehicle, in total, KRW 3,280,870 in the name of medical expenses, etc. for A, who is the driver of the Plaintiff, from April 7, 2017 to June 8, 2017, in total, KRW 3,280,870 in the name of medical expenses, etc., and KRW 890,780 in the name of insurance money, etc. for E, who is the passenger of the Plaintiff’s vehicle, on March 30, 2017 and May 8, 2017.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 4, images, the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred when the Defendant’s driver neglected his duty at the front time and rapid speed, and thus the Defendant’s fault ratio is 30%. Thus, the Defendant asserts that the Defendant should pay to the Plaintiff the Plaintiff the reimbursement amount of KRW 3,636,550 (i.e., the amount of KRW 683,190, which is equivalent to KRW 30% of the insurance amount paid to the Plaintiff to A, out of the insurance amount paid to the Plaintiff, KRW 2,236,580, which is equivalent to KRW 2,236,580, which the Defendant shall pay to A according to the terms and conditions of the insurance contract, of the insurance amount that the Plaintiff paid to E., the treatment relation cost of which the Defendant shall pay to E

(b) judgment;

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