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(영문) 서울중앙지방법원 2019.11.12 2019가단5057479

구상금

Text

1. The Defendant’s KRW 102,506,49 as well as 5% per annum from October 6, 2018 to November 12, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. At the time of September 10, 2018, the Plaintiff is an insurance company that entered into an automobile comprehensive insurance contract with respect to the automobile amount (hereinafter referred to as “Plaintiff”) of the CGS passenger vehicle (hereinafter referred to as “Defendant vehicle”), and the Defendant is a mutual aid company that entered into a truck insurance contract with respect to DTS passenger vehicle (hereinafter referred to as “Defendant vehicle”).

B. On September 10, 2018, the driver E changed his own lane from the two-lanes to the one-lanes while driving on the road at the right side of the parallel parallel of the 73km road of the front north-west, the sewage of the sewage of the sewage of the sewage of the sewage of the sewage of the Ynju Highway, which is about 0.127% of the blood alcohol concentration of 0.20%. On September 10, 2018, the driver of the vehicle of the Defendant: (a) while driving on the road at the right side of the parallel of the two-lanes of the road, the driver of the vehicle of the Plaintiff, who was driving the one-lane behind the Defendant in the speed of approximately 130 km/h, finds the vehicle of the Defendant and attempted to change the lane from the one-lane to the two-lane, and (b) the vehicle of the Plaintiff, which was installed at the right side of the road, re-confisted to the right side of the road.

C. On October 5, 2018, Plaintiff paid KRW 113,896,110 in total due to the instant accident, such as paying KRW 111,628,00 for the repair cost of Plaintiff’s vehicle and the restoration cost of divers, which are damaged objects, except for the Plaintiff’s self-charges by October 5, 2018.

[Grounds for Recognition] Unsatisfy, Gap evidence 1-9, Eul's entries, video and video images (including all virtual numbers), the purport of the whole pleadings

2. The parties' assertion

A. The instant accident occurred entirely by negligence, such as the driving of the driver of the Defendant’s vehicle and the change of a sudden course, and thus, the Defendant, who is the mutual aid business operator of the Defendant’s vehicle, shall be deemed the Plaintiff’s indemnity.