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(영문) 서울중앙지방법원 2019.09.09 2018가단5156942

구상금

Text

1. The Defendant’s KRW 25,682,40, and the Plaintiff’s annual rate of KRW 5% from July 17, 2018 to September 9, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile comprehensive insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. On November 15, 2017, the Plaintiff’s vehicle is proceeding as one lane in the vicinity of the 4th class of volcanic road (hereinafter “instant road”). While the Defendant, who was driving along the two-lanes, tried to make an illegal internship, did not intend to make a U-turn, but attempted to change the vehicle. However, in light of the direction of the Defendant’s vehicle at the time of the instant accident, which is recognized by the descriptions or images as indicated in the evidence Nos. 1, 8, and 11, it is reasonable to view that the Defendant’s vehicle does not simply attempt to change the vehicle as one lane, and that it attempted to turn to the opposite lane.

Collision with Defendant Vehicles

(hereinafter referred to as “instant accident”) C.

On the other hand, on April 20, 2018 and July 16, 2018, the Plaintiff paid KRW 32,228,000,00, excluding the amount of self-charges 500,000, to the insured of the Plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 11, the purport of the whole pleadings

2. The assertion and judgment

A. A. The summary of the Plaintiff’s assertion 1) The instant accident conflicts between the Plaintiff’s vehicle and the Defendant’s vehicle’s two-lanes of the instant road and the Plaintiff’s vehicle proceeding one-lanes while making an illegal internship. Therefore, it cannot be said that there is any negligence on the Plaintiff’s vehicle in relation to the instant accident. Therefore, the Defendant, who entered into a mutual aid agreement with the Defendant’s vehicle, should pay to the Plaintiff the Plaintiff the total amount of KRW 32,228,00 of the insurance money paid by the Plaintiff to the Plaintiff’s vehicle, as the reimbursement amount. 2) At the time of the instant accident, the Plaintiff’s vehicle at the time of