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(영문) 대구지방법원 2020.04.22 2019나309564

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. Basic facts

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

B. The Plaintiff’s vehicle: (a) concealed the damaged vehicle under the following circumstances; (b) destroyed the damaged vehicle; and (c) caused the traffic accident involving the driver of the damaged vehicle and the same passengers (hereinafter “instant accident”).

On October 7, 2017: Around 18:55 on the Gyeongcheon-do G Accident Countermeasures: The defendant's vehicle runs above the two-lanes of the two-lane road in the direction of the Sincheon-gun-do in the direction of the Dong-dong, and operated a Dong to change the two-lanes from the above one-lane to the two-lanes of the Central Highway in order to move into the Western Dong-dong and the two-lanes of the Central Expressway at the location where the accident in this case occurred, and the HSM5 vehicle following the operation was driven by the Dong-dong, and the vehicle following the operation was driven by the Gu-Sin-do in order to move into the two-lanes of the Central Expressway, and the vehicle following the operation of the HSM5 vehicle (hereinafter referred to as the "victim vehicle") was discovered and delayed at the speed. However, the plaintiff's vehicle did not avoid the movement and did not show the back part of the vehicle damaged by the front driver of the plaintiff vehicle.

D. In relation to the instant accident, on December 15, 2017, the Plaintiff paid KRW 3,487,250 to the J of the driver of the damaged vehicle; KRW 3,519,090 to the Dong passenger of the damaged vehicle; KRW 937,700 to the Dong passenger L of the damaged vehicle in December 18, 2017; and in accordance with the automobile insurance self-security agreement, on November 24, 2017, the Plaintiff paid KRW 5,90,000 to the Plaintiff in the Plaintiff’s vehicle insured for damages caused by the damage of the Plaintiff vehicle; KRW 7,99,520 to the owner of the damaged vehicle in accordance with the automobile insurance charter agreement, and paid KRW 3,51,520 to the Plaintiff in total as damages caused by the damage of the damaged vehicle in accordance with the automobile accident security agreement. < Amended by Act No. 14030, Oct. 20, 2017>