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(영문) 서울중앙지방법원 2020.06.25 2019나73316 (1)

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

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 C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into a mutual aid agreement with respect to the automobile D (hereinafter “Defendant”).

B. At around 14:03 on November 28, 2018, the Defendant’s vehicle shocked the left part of the left part of the Plaintiff’s vehicle, the left part of which was sent from the left part to the left one way at the intersection of the F cafeteria located in E, Jeju, to the left part.

(hereinafter “instant accident”). C.

On January 4, 2019, the Plaintiff paid KRW 1,192,00 as insurance money after deducting KRW 298,000 from the cost of repairing the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 and the purport of the whole pleadings

2. Judgment on the plaintiff's right to indemnity

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence and the purport of the entire pleadings as revealed earlier in the above fact of the negligence ratio, namely, ① the vehicle passing through the intersection because there is no vehicle signal, etc. on the intersection where the accident in this case occurred, must be checked and paid attention to the passage of the vehicle prior to entering the intersection; ② the defendant vehicle is proceeding with the accident in this case even though it is required to safely turn to the left at the vehicle of the plaintiff who first entered the intersection at the time of the attempt to turn to the left, and the vehicle of this case is now making a left turn to the left; ③ However, the plaintiff vehicle is also the vehicle of this case as the vehicle of this case, and thus, if the vehicle of this case is aware of the accident, it would have not come to the accident if the vehicle of this case was driven in the course of the vehicle of this case, and in light of the situation of the accident, the collision, and the degree of damage, etc., the accident in this case occurred

It is reasonable to view that the ratio is 20:80 in light of the above circumstances.

(b) scope of indemnity;