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(영문) 서울중앙지방법원 2019.10.23 2018가단5184923

구상금

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1. The Defendant’s KRW 20,714,34 as well as 5% per annum from July 21, 2018 to October 23, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff concluded an automobile insurance contract with C and DMW car (hereinafter “Plaintiff”).

The Defendant concluded an automobile insurance contract on the E-wit vehicle (hereinafter referred to as “Defendant vehicle”).

B. On April 16, 2018, at around 19:50, C’s spouse F was driving the Plaintiff’s vehicle with a two-lane the motorway (limited speed: 80km, minimum 30km) located in G in Kimcheon-si, Kimcheon-si, and driving the motorway at the window in the vicinity of the mountain. In order to avoid the collision between the Plaintiff’s vehicle and the Defendant’s vehicle who was driving in the vicinity of G G in one lane, the unfolded vehicle, which was driving in one lane, turned on the sudden emergency, etc. in order to avoid the collision between the Plaintiff’s vehicle and the Defendant’s vehicle who was driving in one lane, and entered the two lanes to avoid the collision. However, the Plaintiff’s accident occurred, which led to the collision between the Plaintiff’s vehicle and the Defendant’s vehicle who was driving in one lane.

(hereinafter “instant accident”). C.

From May 29, 2018 to July 20, 2018, the Plaintiff paid KRW 33,540,000 as damages due to the damage of the Plaintiff’s vehicle, and KRW 983,890,00,00 as damages due to the damage of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1 through 5, 7 through 14 (including branch numbers if there is a serial number; hereinafter the same shall apply); Eul evidence Nos. 1 or video; the fact inquiry results on the Kimcheon Chief of this Court's Kimcheon Chief of Police Station; the purport of the whole pleadings

2. The main point of the Plaintiff’s assertion was that the instant accident occurred by negligence of the Defendant’s driver, who neglected the duty of front-time care, and that the Defendant, the insurer of the Defendant’s vehicle, was jointly exempted from liability due to the Plaintiff’s payment of insurance proceeds.