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(영문) 서울중앙지방법원 2020.01.16 2019나32858

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The following are the developments leading up to the accident (hereinafter “instant accident”).

At the time of the accident, at around 14:35 on December 30, 2018, at the time of the accident, the insured vehicle of the Plaintiff (hereinafter “Plaintiff”) Defendant Insured vehicle C (hereinafter “Defendant Vehicle”) of the Defendant insured vehicle D (hereinafter “Defendant Vehicle”), the vehicle in the situation of the collision with the three-distance intersection near the upstream of the sand non-fuse bus stop at the time of Busan Metropolitan City, at the end of December 30, 2018, the Defendant vehicle driven on the one-lane road at the location of the industry at the above intersection, and the part of the Plaintiff vehicle’s right-hand part of the vehicle, which turn to the left to the left at the port of industry and industry, conflicts with the lower part on the left-hand part of the Defendant vehicle. The amount of the insurance money paid KRW 3,234,000,000

B. On February 26, 2019, the Plaintiff paid KRW 3,234,00,000, after deducting KRW 500,000 of the self-paid charges from the Plaintiff’s automobile repair expenses.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1, 4, 5, and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff asserts that (a) the Plaintiff was responsible for the instant accident to the driver of the Defendant’s vehicle, and that the Plaintiff claimed the full amount of the insurance money paid by the Plaintiff against the Defendant, on the ground that the Defendant’s vehicle was charged with the left-hand turn by entering the Sam-distance Intersection without stopping or speeding the Defendant’s vehicle, and the Plaintiff’s driver was not able to find in advance the Defendant’s vehicle entering

(2) As to this, the Defendant asserts that the instant accident was caused by the negligence of the driver of the Plaintiff’s vehicle, because the Plaintiff’s vehicle neglected to perform the duty of care on the front side and caused the left-hand turn without recognizing the entry of the Defendant’s vehicle.

(b) The occurrence of the right to indemnity (1) is known by adding the whole purport of the pleadings to the images referred to in the evidence Nos. 8, and No. 1.