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(영문) 서울중앙지방법원 2020.02.04 2019나55318

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. With respect to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant’s vehicle”).

B. On September 25, 2018, around 21:10, the Plaintiff’s vehicle is three lanes in the case of the Plaintiff’s vehicle, and the Defendant’s vehicle entered the intersection from four lanes to each of the instant crossings, and the lower part of the lower part of the lower part of the lower part of the left part of the Defendant’s vehicle, where the lower part of the front part of the right side of the Plaintiff’s vehicle was shocked.

(hereinafter “instant accident”). C.

Based on the above insurance contract on October 31, 2018, the Plaintiff paid KRW 2,664,00,000, excluding KRW 500,000,000 for the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 8, Eul evidence No. 1 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) while the Plaintiff’s vehicle was normally going on the three-lanes of the instant intersection, the Defendant’s vehicle, which was going on the four-lanes, attempted to change the course to the three-lanes, and the instant accident occurred, which led to the negligence of the Defendant’s vehicle entirely. 2) While the Defendant’s vehicle was normally going on the four-lanes of the instant intersection, the Plaintiff’s vehicle, which was going on the three-lanes, attempted to change the course to the four-lanes, and the instant accident occurred, which led to the Plaintiff’s negligence entirely.

B. The following circumstances, namely, at the time of the instant accident, the Defendant’s employees were dispatched to the site and investigated into the site, and the accident report submitted by the Defendant’s side was also included in the on-site dispatch report.