beta
(영문) 서울중앙지방법원 2020.01.15 2019나46123

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an organization that is obligated to compensate for damage caused by a car accident if a member suffers damage similar to a non-life insurance business or a mutual aid business in accordance with the terms and conditions of the first aid agreement within the association. C is the Plaintiff’s member and the driver of a private taxi vehicle D (hereinafter “Plaintiff”) and the Defendant is the insurer who concluded the automobile insurance contract for the E vehicle (hereinafter “Defendant vehicle”).

B. On October 13:00 on October 7, 2018, at the location where the lane of the road northwest-dong, Seongbuk-gu, Seoul, the Plaintiff’s vehicle and the Defendant’s vehicle are shocked (hereinafter “instant accident”).

C. On November 2, 2018, the Plaintiff paid KRW 3,063,00 as the repair cost of the Plaintiff’s vehicle as the compensation for the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 8, Eul evidence 2 and 3 (including each number in case of additional evidence)

2. Determination

A. According to the evidence revealed prior to the determination of the percentage of negligence, the Plaintiff’s vehicle was driven along the three-lanes of the three-lanes and was entering the two-lanes in the vicinity of the two-lanes at the time of the instant accident. In this case, the Defendant’s vehicle was driven in the two-lanes, and the Defendant’s vehicle was driven in the two-lanes, and the Defendant’s vehicle was passing through the side of the Plaintiff’s vehicle, and the front and rear door of the Plaintiff’s driver’s seat on the front side of the Plaintiff’s vehicle. Therefore, it is reasonable to deem that the instant accident occurred due to the Plaintiff’s major negligence on the part of the Plaintiff’s driver’s vehicle on the change

However, according to the evidence mentioned above, the driver of the defendant vehicle is at fault without closely examining the surrounding traffic condition, and the accident in this case occurred concurrently with the negligence of the plaintiff vehicle and the defendant vehicle.

The place where the instant accident occurred, as seen earlier.