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(영문) 서울중앙지방법원 2017.09.13 2017나27142

구상금

Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the participation in the appeal is the intervenor joining the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the B AV car (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the CST car (hereinafter “Defendant vehicle”).

B. On November 24, 2014, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and attempted to enter the Plaintiff’s vehicle into a two-lane road at the Korea Transportation Safety Agency D’s business trip site located in Songpa-gu, Songpa-gu, Seoul and the front side of the Defendant’s vehicle and the left side side of the Plaintiff’s vehicle are faced with the same road, and the front side of the Defendant’s vehicle and the left side side side of the Plaintiff’s vehicle are flicked, and there was an accident, such as a flicker and the left side side part of the Plaintiff’s vehicle and the left side side part of the Plaintiff’s vehicle are flick

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

After paying the repair cost of the Defendant’s vehicle due to the instant accident, the Defendant filed a request for deliberation with the committee for deliberation on the damage insurance disputes. The committee for deliberation on the damage insurance determined that the rate of liability for the instant accident is 80% on the Plaintiff’s vehicle and 20% on the Defendant’s vehicle, and determined that the Plaintiff would pay KRW 1,359,248 to

Accordingly, the Plaintiff paid KRW 1,359,240 to the Defendant on June 16, 2015, based on the insurance contract for the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12 (including each branch number, if any; hereinafter the same shall apply), Eul evidence Nos. 1 through 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s summary of the instant accident pertains to the collision of the Plaintiff’s vehicle, while the Plaintiff’s driver stops in order to enter the road, while neglecting the Defendant’s duty to keep the vehicle in front of the mobile phone, leading the Defendant’s driver to temporarily stop in the vicinity of the intersection without signal, etc., at a considerable speed without temporarily stopping as well as at a reduced speed.