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(영문) 서울중앙지방법원 2021.01.08 2020나17305

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the appeal shall be 1.

Reasons

1. Facts of recognition;

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

B. At the time of the accident, the Plaintiff’s insured vehicle (the Plaintiff’s insured vehicle)’s insured vehicle (the Defendant’s insured vehicle)’s F date and time on July 13, 2019, 16:16: the Plaintiff’s vehicle was driving along the first lane of the instant road in the course of the accident of the instant vehicle (hereinafter “the instant road”). However, the Plaintiff’s vehicle, prior to the Plaintiff’s vehicle, was driving along the two lanes of the instant road, was found to have discovered the other vehicle moving bypassing from the right side of the Defendant’s front side of the instant road and immediately driven the said vehicle in the intersection. The Plaintiff’s vehicle passing through the said intersection along the said intersection along the first lane, resulting in the Plaintiff’s failure to avoid this.

The amount of insurance proceeds paid shall be KRW 500,000,000 on August 6, 2019 on the date of the final payment of the insurance proceeds of KRW 500,000 for the self-paid self-paid car loss. The circumstances of the instant accident are as follows.

[Grounds for recognition] The respective descriptions and images of Gap evidence Nos. 1 through 7, Eul evidence Nos. 4 and 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion that the Defendant vehicle driven along the two-lanes of the instant road, but found another vehicle bypassing from the right side of the Defendant vehicle to the front side of the instant road, and rapidly changed the vehicle to the one lane in the intersection. The Plaintiff’s vehicle, which was normally driven along the first lane of the instant road, did not avoid this, led the Defendant vehicle to be concealed, and the instant accident occurred due to the previous negligence of the Defendant vehicle driver.

(b).