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(영문) 서울중앙지방법원 2019.11.01 2019나23816

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 concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. Around 14:00 on February 24, 2018, while the Plaintiff’s vehicle was straight along the intersection where a signal, etc. is located in Aju-dong, an accident occurred in which the front left side of the Defendant’s vehicle, which was straight along the two-lanes from the right side of the Plaintiff’s driving direction to the left side of the vehicle, and the front side of the Plaintiff’s front side of the vehicle (hereinafter “instant accident”).

C. On April 27, 2018, the Plaintiff paid KRW 1,068,860 (except for KRW 260,000 on its own charges) to the Plaintiff’s vehicle with the insurance money equivalent to the hydrogen worth.

With respect to the occurrence of the instant accident, the Plaintiff asserted that there was negligence on the part of the Defendant vehicle, and requested deliberation to the E Committee. On September 3, 2018, the E Committee recognized that the Plaintiff’s negligence existed at 80%, and decided to pay KRW 533,944 to the Plaintiff.

E. The Plaintiff filed the instant lawsuit on January 22, 2019 with the Defendant’s consent to the lawsuit.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 11, Eul's 1 through 3 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that (i) the accident of this case occurred by the principal negligence of the defendant vehicle that violated the duty of safe driving, such as temporarily stopping or entering the intersection in spite of the existence of the plaintiff's vehicle who is directly entering and leaving the intersection, and without going through the left-hand turn, and thus, the defendant, the insurer of the defendant vehicle, should pay to the plaintiff 85,080 won, equivalent to 80% of the insurance proceeds paid by the plaintiff, 1,068,860 won, which is the negligence ratio of the defendant vehicle, and delay damages.

2. The defendant shall have the right to file a written complaint.