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(영문) 서울중앙지방법원 2017.10.19 2017나26934

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant, including those resulting from the supplementary participation.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive motor vehicle insurance contract with respect to A (hereinafter “Plaintiff”) and the Defendant is a trucking business operator who owns B-si (hereinafter “Defendant”).

B. On July 8, 2016: (a) around 23:15, the Plaintiff’s vehicle driven the three-lane of the four-lane road in front of the Guro-gu Seoul Metropolitan City Park Park 35 (Guro-dong), from the surface of the new forest basin to the boundary of the forest basin, and the vehicle was changed to the four-lanes; (b) there was a traffic accident where the part of the back part of the Defendant taxi, which is moving back to the three-lanes without changing the two-lane lines into the four-lanes of the mamast, was shocked to the front part of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The Plaintiff’s vehicle was disposed of by total loss by destroying the estimated repair cost of KRW 45,256,221 due to the instant accident to exceed KRW 44,706,710, which is the standard value of the vehicle. The Plaintiff paid KRW 35,896,710, which deducts KRW 8,810,00 from the standard value of the vehicle from the insurance money for the Plaintiff’s vehicle, until July 29, 2016.

【In the absence of a dispute over the grounds for recognition, the entries and images of Gap evidence 1 through 8, Eul evidence 1 through 3 (including the branch numbers, hereinafter the same shall apply), and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The plaintiff asserts that the plaintiff did not change the lane into a four-lane, and the ratio of negligence contributed to the occurrence of the accident of this case to the defendant si who circumvented from the three-lanes without changing the lanes is at least 50%. The defendant asserts that the plaintiff is obliged to pay the plaintiff the amount of indemnity equivalent to 17,948,350 won and damages for delay equivalent to 50% of the insurance money paid by the plaintiff. 2) The defendant's assertion that the defendant is liable to pay the plaintiff the amount of indemnity to the plaintiff. The defendant's allegation that the defendant's taxi inevitably moved to a three-lane by the vehicle parked on the four-lanes, and the accident of this case is at the three-lanes without securing