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(영문) 서울중앙지방법원 2019.10.15 2019나15136

구상금

Text

1. The judgment of the first instance, including the Plaintiff’s claim modified by this court, is modified as follows:

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

나. 원고 차량이 2018. 2. 27. 01:00경 서울 강남구 역삼동 뱅뱅사거리 부근의 신호기로 교통정리를 하고 있는 교차로(이하 ‘이 사건 교차로’라고 한다)에 이르러 직진 신호에 따라 이 사건 교차로에 먼저 진입하여 편도 3차로 중 2차로를 직진하던 중, 피고 차량이 원고 차량 진행방향 우측 도로에서 우회전 하여 곧바로 이 사건 교차로의 편도 3차로 중 2차로에 진입하다가 원고 차량을 충격하였다

(hereinafter “instant accident”). C.

The E Deliberation Committee (hereinafter “Deliberation Committee”) deliberated upon the instant accident on October 29, 2018 upon the Plaintiff’s request, and determined the negligence ratio between the Plaintiff’s vehicle and Defendant’s vehicle to 20:80.

(hereinafter “instant decision”) D.

By March 12, 2019, the Plaintiff paid KRW 5,797,500,000 of the insurance money after deducting KRW 500,000 as the repair cost of the Plaintiff’s vehicle in accordance with the said insurance contract.

[Reasons for Recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident was solely caused by the negligence of the Defendant’s vehicle, since the Plaintiff’s vehicle entered the instant intersection, but the Defendant’s vehicle was making a right-hand and shocked to the Plaintiff’s vehicle while making a right-hand, without examining the surrounding area.

B. The decision of this case was finalized by the objection period, and thus, the decision of this case between the Plaintiff and the Defendant pursuant to Article 27(1) of the Mutual Agreement on the Deliberation of the Loss Rate Dispute, etc. (hereinafter “instant Mutual Agreement”).