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(영문) 서울중앙지방법원 2018.03.21 2017나52414

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

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

B. (1) On September 8, 2016, C was driving the Plaintiff’s vehicle on the front side of the official air unit located in the Yellow Sea (west and west) in accordance with two-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of three-lanes of the front side of the vehicle, due to his/her negligence in front of the front side, and due to his/her failure to discover and avoid the front side of the vehicle, C was able to take the front side of the Plaintiff’s left side of the vehicle and received the front side part of the vehicle that is going along two-lanes of two-lanes of the Plaintiff’s left side of the vehicle (see attached drawings). (2) The above road is a three-lane road on the front side of the Plaintiff’s vehicle and is a clear road on the front side of the road at the time of the accident.

C. On October 21, 2016, the Plaintiff paid 16,585,000 won (i.e., 17,950,000 won - partial return - KRW 1,365,000) with insurance money (on a deposit basis) based on the self-owned vehicle damage security to D, and there was no insured person’s own share.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 6, the purport of the whole pleading

2. Summary of the parties' arguments

A. In addition to the negligence of C, which is the driver of the Plaintiff’s vehicle, the said accident occurred by the negligence of the Defendant’s driver who stopped on the above road, which is an exclusive motorway, without any justifiable reason.

Therefore, the defendant is liable to pay damages for the above accident to D as the insurer of the defendant vehicle, who is the owner of the plaintiff vehicle. The plaintiff paid damages for the above accident to D according to the insurance contract on the plaintiff vehicle.