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(영문) 서울중앙지방법원 2020.12.23 2020나30377

구상금

Text

1. The part of the judgment of the court of first instance against the plaintiff equivalent to the amount ordered under paragraph (2) shall be revoked.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to G vehicle (hereinafter “Plaintiff”), and the Defendant C is the owner and driver of the vehicle E (hereinafter “Defendant vehicle”), and the Defendant Company is the insurer who has entered into an automobile insurance contract (limited to the personal compensation I and the personal compensation of KRW 20,000,000) with respect to the Defendant vehicle.

B. On August 28, 2018, around 02:20, the Plaintiff’s vehicle found that the first vehicle driven by H (hereinafter “foreign vehicle”) from the front right of the Plaintiff’s front right of the vehicle to the front right of the road, while driving two lanes near the Gangnam-gu Seoul J in the direction of the left right of the Scandary Park in the direction of the Scandary of the Scandary Park in the direction of the Scandary of the Scandary Park in the direction of the Scandary Park (hereinafter “Scandary vehicle”) was running immediately from the back road near the domicile of the Plaintiff’s front right of the vehicle to the first right of the road, and the direction

C. At this time, Defendant C driving the Defendant vehicle, driving the three-lanes on the same right side as that of the Plaintiff’s vehicle, leaving the same direction as that of the Plaintiff’s vehicle on the side of the Plaintiff’s vehicle, which led to the Plaintiff’s vehicle going beyond three-lanes in order to avoid Nonparty’s vehicle, and the two-lanes on the right side of the Plaintiff’s vehicle

그리고 피고 차량은 그 충격으로 인하여 중심을 잃고 미끄러지면서 좌측 전방으로 튕겨져 나가 전방 1차로에 정지하고 있던 소외 차량의 뒷범퍼 부분을 피고 차량 우측 앞휀다 부분으로 충격하였다

(hereinafter “instant accident”). D.

At the time of the instant accident, the Plaintiff’s vehicle was driving at a speed exceeding 60km/h (60km/h) and the Defendant C was under the influence of alcohol content 0.095% under the influence of alcohol content.

E. By January 14, 2019, the Plaintiff is a driver of Nonparty 2,158,290 won (the injury grade of H constitutes 1203, and the injury grade of H is 1200,000 won among subparagraph 1 of attached Table 1 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act) and Nonparty 1.