beta
(영문) 서울중앙지방법원 2017.11.23 2017나18353

구상금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The circumstances surrounding the instant accident are as follows.

Plaintiff

The insured vehicle B C on November 30, 2015 at the place of 07:30 on November 30, 2015, the first accident part of the attached Form No. 1 of the situation of collision between the two Koreas and the North Korean Immigration Office in the case of an insured vehicle.

(The second accident is unrelated to the payment of the following insurance proceeds) paid by 2,041,210 insured non-insurance vehicles, since the Plaintiff's insured vehicle D was lowered after the first accident.

B. On December 31, 2015, the Dong Fire & Marine Insurance Co., Ltd., the Defendant’s large liability I insurer, paid KRW 741,210 to the Plaintiff.

C. Of the automobile insurance contract between the Plaintiff and D, the accident insurance security by non-life insurance is to cover only the excess amount after deducting the amount, etc. that can be paid by the obligor’s personal compensation I, and the personal compensation II contract from the amount of damages calculated in accordance with the standard for the payment of insurance proceeds under the terms and conditions.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 4, 5, 6, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the instant accident was caused solely by the Defendant’s mistake since the Defendant did not take safety measures after the sole accident, and that the Defendant’s driver D of the Plaintiff’s insured vehicle (hereinafter “Plaintiff”) is liable for the instant accident, and that D’s negligence is at least 3/7.

The fact that the Defendant, without taking sufficient safety measures on the rear-down vehicle, moved out of the road by means of left-hand turn from the state of stopping at the reverse direction without leaving the vehicle (hereinafter referred to as “Defendant vehicle”), is recognized as above, but the statement in the evidence No. 3 to the effect that the left-hand turn falls under the left-hand turn cannot be trusted, and otherwise, the Defendant vehicle reported that the left-hand turn is the driving direction of the Plaintiff vehicle.