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(영문) 서울중앙지방법원 2019.05.21 2018나61262

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. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On March 23, 2017, at around 03:34, at the time of the accident, the collision situation between the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”) Defendant’s insured vehicle (hereinafter “Defendant’s vehicle”) and the Plaintiff’s insured vehicle (hereinafter “Defendant’s vehicle”)’s insured vehicle C car D taxi on March 23, 2017, in the vicinity of the Seocho-gu, Changwon-si, Changwon-si, Seoul Special Metropolitan City. As shown in the attached brief summary, the Plaintiff’s vehicle entered the three lanes of the three-lane road and operated the two-lane, and the Defendant’s front-way right-hand corner part of the Plaintiff’s vehicle

Details of the payment of insurance proceeds to Plaintiffs 1,863,570 won on April 27, 2017

B. The instant accident, as a matter of course, was caused by the negligence of the Defendant’s driver who entered the two-lanes without properly examining the following vehicles while under the influence of alcohol.

However, in light of the background of the above accident, the shock of the vehicle, etc., the driver of the defendant vehicle seems to have been able to sufficiently avoid the accident due to continuous operation, etc. by examining the movement of the defendant vehicle entering the vehicle from the next lane. Therefore, the plaintiff vehicle, who was unable to properly do so, is negligent.

Plaintiff

It is reasonable to view the fault ratio of vehicles and defendant vehicles as 10:90.

[Ground of recognition] Facts without dispute, Gap 1 through 6, Eul 1 through 6, purport of the whole pleadings

C. The defendant's duty to demand reimbursement of KRW 186,357 ( = 1,863,570 x 0.1)

2. The decision of the first instance court at the conclusion is consistent with this conclusion, and the plaintiff's appeal is without merit.