logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.04.17 2016나75579
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. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with the Plaintiff using B car volume (hereinafter “Plaintiff vehicle”) as an insured automobile, and the Defendant is the mutual aid business operator of C urban bus (hereinafter “Defendant vehicle”).

B. Around June 16, 2015, D driven the Plaintiff’s vehicle into four-lanes from the shooting distance room to the new engineer distance room. Around 17:33 on June 16, 2015, D tried to enter the front bus stops in the front bus stops located in the E area during the Ansan-si of Gyeonggi-do, and tried to enter four-lanes and five-lanes in order to enter the F-type and front parking lot, and stopped the Defendant vehicle after stopping at five-lanes.

C. At the time, G, which operated the Defendant vehicle, was immediately operated to find out that the Plaintiff’s vehicle was about four lanes to five lanes immediately after the departure of passengers from the bus stops in front of the bus stops and immediately after the departure, and H, which was on the wind, on board the Defendant’s vehicle and seated with seated, suffered injury, such as the pressure pressure of the second conjectioned body, due to its shock, beyond the floor of the Defendant vehicle.

(hereinafter “instant accident”). D.

A requested the Plaintiff to deal with the insurance for H, and the Plaintiff paid the Plaintiff KRW 6,968,590, total amount of hospital expenses from September 10, 2015 to March 28, 2016, and KRW 23,300,000 for damages.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 9, Eul evidence 1 to 1, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The insurer of the insurance contract, which has one of the joint tortfeasors, pays insurance money, and the insured under Article 682 of the Commercial Act, is established within the scope of the portion of the liability of the other joint tortfeasor when the insured has paid more than the part of the liability of the insured and has obtained joint immunity. The liability of the joint tortfeasor is established respectively.

arrow