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(영문) 서울중앙지방법원 2019.05.16 2018나72750

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

1..

Reasons

1. The circumstances leading to the instant accident are as follows.

At the time of the accident, the defendant insured vehicle CD at the time of the accident, on January 28, 2018 at the time of the accident, and the defendant insured vehicle (hereinafter referred to as the "Defendant vehicle") which was proceeding in the three-lanes of road collision situation near Jongno-gu Seoul, Jongno-gu, changed the two-lanes into the two-lanes, and the side side of the plaintiff insured vehicle (hereinafter referred to as the "Plaintiff vehicle") which was proceeding in the two-lanes, is 856,80 won (repair Fee) paid to the plaintiff insured vehicle (hereinafter referred to as the "Plaintiff vehicle") 612,970 won (repair Fee) and the compensation for the damage of its own vehicle (based on recognition), the fact that there is no dispute about the payment of the mutual-aid money paid to the plaintiff insured vehicle (repair Fee) at the 8

2. The Plaintiff asserted that the instant accident occurred due to the negligence of the Defendant’s driver, and that the Plaintiff subrogated the victim’s right to claim compensation for damages on the basis of subrogation by the insurer. In response, the Defendant asserted to the effect that the negligence of the Plaintiff’s driver, who did not drive the speed and concession, is 50%.

In light of all the circumstances, such as the background of the accident, the degree of conflict, and the degree of shock in the above recognition and the record, the accident in this case occurred by the whole negligence of the defendant vehicle in a case where the defendant vehicle driven the three-lane road at the place of the accident without considering the progress of the two-lanes, and it is unreasonable to change the two-lanes to the two-lanes, and thus, the first top back of the plaintiff vehicle that was going ahead of the defendant vehicle. In relation to the accident in this case, it is reasonable to view that there is no negligence or negligence of the driver of the plaintiff vehicle, which is the reason for offsetting negligence.

Therefore, the Defendant, the insurer of the Defendant’s vehicle, as the Plaintiff, is the sum of KRW 1,469,770 (i.e., KRW 856,800, KRW 612,970) and as requested by the Plaintiff, the Civil Act from April 26, 2018 to August 31, 2018, which is the date of delivery of a copy of the complaint of this case.

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