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(영문) 서울중앙지방법원 2020.09.15 2020나3580

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

[Claim]

Reasons

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

A. On March 1, 2019, the insured vehicle of the Plaintiff, such as the circumstances of the accident, (hereinafter “Plaintiff vehicle”), Defendant Insured vehicle (hereinafter “Defendant vehicle”) CD, at the location of 13:40 on March 1, 2019 at the time of the accident (hereinafter “Defendant vehicle”), the Plaintiff vehicle entering the said intersection in two lanes between the three-lanes of the said intersection and entered the Defendant vehicle from the right-hand joint (three-lanes) at the intersection. However, the Plaintiff vehicle was shocked with the Defendant vehicle on the one-lanes of the intersection while keeping the border.

The payment of insurance proceeds shall be 1,122,500 won after deducting 280,000 won for self-payment of insurance proceeds;

B. At the time of the instant accident, determination of negligence ought to be deemed that the Plaintiff’s vehicle was due to the overall negligence of Defendant’s vehicle entering the instant accident by rapidly changing the lane to the right section from the right section without properly examining the following vehicle, even though the Plaintiff’s vehicle was driven by a one-lane while entering the border.

[Ground of recognition] Unsatisfy, Gap 1 through 4, the purport of the whole pleadings

C. According to the Defendant’s duty of reimbursement, the Defendant is obligated to pay to the Plaintiff 1,122,50 won and delay damages calculated at the rate of 5% per annum from April 3, 2019 to July 19, 2019, the delivery date of a copy of the instant complaint, and 12% per annum from the next day to the day of full payment.

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