(영문) 대구지방법원 2020.01.16 2019나308691

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(영문) 대구지방법원 2020.01.16 2019나308691

구상금

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1. The judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with C for business purpose with respect to D4.5 tons of trucks owned by C (hereinafter “Plaintiff vehicle”).

B. At around 08:30 on July 24, 2018, C driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle on the 2164-6918 provincial road from the jurisdiction of the U.S. in the first place to the jurisdiction of the U.S.., and the Defendant’s entry into the said road, and there was an accident of collision with the latter part of the Plaintiff’s right side of the vehicle (hereinafter “instant accident”).

C. The Defendant suffered injuries, such as chest-projecting and scarkes, due to the instant accident, and the Plaintiff paid the Defendant’s medical expenses totaling KRW 12,490,040 from August 20, 2018 to May 8, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 8, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the Defendant’s total fault because the Defendant, who was driving on the side, already in possession of and had a normal driving on the lane, ought to be aware of the Plaintiff’s vehicle in advance and enter the road, despite having to move to the road rapidly.

Therefore, C, the driver of the Plaintiff’s vehicle, did not bear the liability for damages against the Defendant regarding the instant accident, and the Plaintiff, the insurer of the Plaintiff’s vehicle, also did not bear the liability for damages. Therefore, the Defendant is obligated to return the medical expenses

B. Since the Defendant’s vehicle C, the driver of the Plaintiff’s vehicle, is aware that the Defendant’s vehicle is driving along the road on the side, the Defendant’s vehicle was driven at a speed of at least 74 km per hour beyond the specified speed, despite the need for defensive driving. The air pressure occurred in the aspect of the Plaintiff’s vehicle running along the speed of overwork.

유사 판례

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-창원지방법원통영지원 2020.08.26 2019가단26471

-서울중앙지방법원 2018.03.28 2017나85216