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(영문) 서울중앙지방법원 2019.11.12 2019나47959

구상금

Text

1. Of the judgment of the court of first instance, the Plaintiff’s KRW 240,00 as well as the Plaintiff’s annual interest thereon from December 8, 2018 to November 12, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the owner of C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with the owner of D Vehicle (hereinafter “Defendant Vehicle”).

B. On November 13, 2018, the Plaintiff’s vehicle had impact on the front side of the Defendant’s vehicle, which is a prone vehicle of the front side of the Defendant’s vehicle, on the back side of the backer of the Plaintiff vehicle.

(hereinafter referred to as “instant accident.” Specific accident situation is referred to in attached pictures. (c)

On December 7, 2018, the Plaintiff paid 960,000 won (excluding self-charges 2.40,000) for repair costs due to the instant accident to the Plaintiff vehicle insured.

[Ground of recognition] Facts without dispute, Gap 1 through 8, Eul 1 through 6 (including those with serial numbers), the purport of the whole pleadings

2. According to the evidence mentioned earlier, in particular, the black image and the image of the scene of the accident, it is reasonable to view the ratio of responsibility of the Plaintiff and the Defendant’s vehicle as 60:40, considering the location of the accident in this case, the location of the accident in this case, and the situation surrounding the collision of both vehicles, etc., as follows: (a) it is sufficiently recognized that the Plaintiff’s vehicle changed the vehicle from the point where the five-lane road, which is the ebbbs, to the fourth-lane road, to the fourth-lane road; and (b) it is not reasonable to view the Plaintiff’s and the Defendant’s vehicle as 60:40.

On the other hand, the plaintiff's insurance proceeds of this case were paid on the basis of self-vehicle damage security, and the guarantee of self-vehicle damage has a characteristic of consideration for insurance premiums paid by the insurer up to the time against the occurrence of the insurance accident by the policyholder. It is separate from the liability for damages borne by the defendant vehicle. The damages of the amount equivalent to 240,000 won of the insured's own shares recognized earlier

Therefore, this is applicable.