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(영문) 서울중앙지방법원 2020.06.23 2019나28149

구상금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff and C entered into an automobile insurance contract (hereinafter “instant insurance contract”) with respect to D vehicles owned by C (hereinafter “Plaintiff”) and the Defendant entered into a mutual aid agreement with respect to E-si vehicles (hereinafter “Defendant”).

B. From October 28, 2018, F, who is the driver of the Defendant and C, was driving in the direction of sports range shooting distance from the direction of flying distance to the direction of six-lane roads of G apartment in the front of the G apartment during Ansan-si around October 28, 2018.

C. While the Defendant’s vehicle driven along the two lanes of the above road at a speed of 94km per hour (60km per hour at a speed of restriction), the Plaintiff’s vehicle turned to the two lanes, which are the right-hand left-hand, and found the vehicle, and entered a part of the three lanes, and entered the two lanes again, the part which is the rear wheels of the Defendant’s driver’s seat, which is the front front side of the Plaintiff’s vehicle, was shocked (hereinafter “instant accident”).

On December 28, 2018, the Plaintiff paid KRW 478,700 insurance proceeds calculated by subtracting self-paid 200,000 won from the insured C according to the insurance contract of this case.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3, 7 through 10, 12 (including paper numbers; hereinafter the same shall apply), Eul 3, Gap 4 through 6, Eul 2, and the purport of the whole pleadings

2. Determination

A. In full view of the following circumstances revealed by the evidence and the purport of the entire pleadings as seen earlier, it is reasonable to view the instant accident as a concurrent occurrence of the Plaintiff’s vehicle and Defendant’s vehicle’s negligence.

① There is negligence that the Plaintiff’s vehicle fails to keep the direction direction, etc. from the time of changing the vehicle line to the straight line without examining the latter vehicle, until the change of the vehicle line and the full straighting.

② At the time of the instant accident, the Defendant’s vehicle was accelerated by at least 30 km per hour, and neglected to perform his/her duty on front-time watch.