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(영문) 서울중앙지방법원 2020.11.26 2020나16791

구상금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract, including self-owned vehicle damage security, with respect to D-owned vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is an insurer who entered into an automobile mutual aid contract for E-owned trucks (hereinafter “Defendant-owned vehicles”).

B. On July 30, 2019, at around 15:20, the Plaintiff’s driver, while driving the Plaintiff’s vehicle in the vicinity of the Seopung-gu Seon-si Coastal Highway, and driving the two-lanes, there was an accident where the Defendant’s vehicle and the two-lanes change from the first lane to the second lane (hereinafter “instant accident”).

C. On August 26, 2019, the Plaintiff paid KRW 17,960,000 insurance money after deducting KRW 500,000 of the Plaintiff’s automobile repair cost from the Plaintiff’s vehicle repair cost.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that since the accident of this case occurred due to negligence by the driver of the defendant vehicle who did not turn on the direction direction, etc., the defendant is obligated to pay the plaintiff the full amount of KRW 17,960,000 of the insurance money paid by the plaintiff with the indemnity amount.

In this regard, the defendant asserts that the defendant's liability should be limited to 70% of the damage of the defendant, considering the fact that the plaintiff's driver is negligent in operating the plaintiff's vehicle by recognizing the defendant's vehicle seeking to change the lane and raising the speed.

B. Determination 1) In addition to the following circumstances that can be seen by comprehensively considering the overall purport of the pleadings in each of the statements in Gap evidence Nos. 8 and Eul evidence Nos. 1 (including additional numbers), the instant accident occurred by the negligence between the driver of the plaintiff vehicle and the driver of the defendant vehicle, and it is reasonable to 30% (the plaintiff vehicle) : 70% (the defendant's liability is limited to 70% of the damage).