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(영문) 서울중앙지방법원 2018.08.16 2018나13485

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 insurer who has concluded a comprehensive motor vehicle insurance contract with Aenzing Vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid business operator who has concluded a motor vehicle mutual aid contract with B truck (hereinafter “Defendant”).

B. On June 26, 2017, the driver of the Plaintiff’s vehicle: (a) driven the Plaintiff’s vehicle on the part front of the right side of the Defendant’s vehicle, and entered the Defendant’s vehicle through the Dong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-dong Highway located in Suwon-si, and (b) the 8-lane-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si

(hereinafter referred to as “instant accident”). C.

On July 26, 2017 due to the instant accident, the Plaintiff paid insurance proceeds of KRW 13,851,600 in total, including KRW 13,800,000, and KRW 51,600, to C, on the part of the repair site of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3, Gap evidence 2-2, Gap evidence 5 and the purport of whole pleadings

2. The parties' assertion and judgment

A. The main point of the party’s assertion (i) the instant accident was the five-lanes through the Plaintiff vehicle and the six-seven-lanes on the part of the Plaintiff vehicle were integrated into one-lanes. The Defendant vehicle, which was in the process of three-lanes, was generated in the course of the replacement of the vehicle to the driving lane of the Plaintiff vehicle, and the driver of the Plaintiff vehicle could not predict the sudden movement of the Defendant vehicle.

Therefore, since the accident in this case occurred due to the total negligence of the driver of the defendant vehicle, the driver of the defendant vehicle is responsible for compensating the insured of the plaintiff vehicle for damages caused by the accident in this case, and the plaintiff is insured with the insurance money of KRW 13,851,600 for the plaintiff vehicle.