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(영문) 서울중앙지방법원 2016.06.17 2016나9246
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to the Defendant’s vehicle B (hereinafter “Defendant”).

B. Around 16:55 on May 31, 2014, the driver of the Defendant vehicle, while driving the Defendant vehicle, who was straighted under the direct route from the front of the Kunung-si Park, Seoung-si, Jinsan-dong Park, was immediately driven by the Defendant vehicle while avoiding the Plaintiff’s vehicle having left-hand turn from the opposite direction to the right.

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

As a result of the instant accident, the Plaintiff suffered injury from the Plaintiff’s driver C and the passengers of the Plaintiff’s vehicle D, and on July 21, 2014, the Plaintiff paid insurance proceeds of KRW 400,000, including KRW 453,670, and future treatment expenses (210,000), as agreed deposit, for the agreed deposit, including KRW 453,670, and KRW 453,670,000, as agreed deposit.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number for those with several numbers), Eul evidence No. 1, or the purport of the whole pleadings

2. On the premise that the Defendant was negligent by the driver of the Defendant’s vehicle in relation to the instant accident, the Defendant asserted that the instant lawsuit is unlawful against the agreement on the instant lawsuit since the Defendant’s driver paid 20% of the victims’ damages to the instant accident, and agreed between the Plaintiff and the Defendant’s driver to not file for future civil litigation, etc., on the premise that the instant accident was committed by the driver of the Defendant’s vehicle, the Defendant’s defense on the instant claim is without merit. However, the Defendant’s defense on the instant lawsuit is insufficient to acknowledge the fact that the written statement of the evidence No. 2 through No. 4 alone was made, and there is no other evidence to acknowledge this.

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