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(영문) 서울중앙지방법원 2020.12.15 2020나53424

구상금

Text

1. Of the judgment of the court of first instance, KRW 3,477,600 against the Plaintiff and its related amount from January 15, 2020 to December 15, 2020 against the Defendant.

Reasons

1. Basic facts

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

B. Around 00:00 on January 7, 2020, D was involved in an accident where the part of the branch office of the unit office of the party branch office (hereinafter “instant accident site”) in the Gangnam-gu Seoul Cheonggu Olympic Winter Games, driving the Plaintiff’s vehicle and moving into two lanes, and the part on the right side of the Defendant’s vehicle (driver G) moving into one lane to overtake the Plaintiff vehicle and the part on the left side of the Plaintiff’s vehicle are faced.

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

The location of the instant accident is a bend road on the right side and was at the time of the instant accident.

At the time of the instant accident, the Defendant’s vehicle was proceeding at a speed of 93km/h (limited speed 64km/hr). The right side part of the Defendant’s vehicle was nearly in contact with the vehicle, but the right side part was partially invaded or on the vehicle. The left side part of the Plaintiff’s vehicle was in contact with the vehicle. However, the right side part was in contact with the vehicle.

On January 14, 2020, the Plaintiff paid KRW 3,864,000 to the Plaintiff’s insurer for the Plaintiff’s vehicle.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 to Gap evidence, and the purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion occurred due to G’s total negligence.

Therefore, the defendant is obligated to pay the plaintiff the amount of indemnity equivalent to the insurance money paid by the plaintiff to the plaintiff who acquired the damage claim D under Article 682 of the Commercial Act.

B. Comprehensively taking account of the facts acknowledged in paragraph (1) of the judgment, the main cause of the instant accident is as follows: (a) G’s negligence, which intrudes on the broom road and proceeds in an unreasonable way; (b) but (c) D, also intrudes on the right side of the road.

참조조문