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(영문) 서울중앙지방법원 2019.01.08 2018나58471

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the costs of supplementary participation.

Reasons

1. Facts of recognition;

A. The circumstances surrounding the instant accident are as follows.

At the time of the accident, the insured vehicle (hereinafter referred to as “Plaintiff”) Defendant Insured vehicle (hereinafter referred to as “Defendant Oba”), D temporary 2 December 22, 2017, 11:16, at the time of the accident, is similar to the drawing of a separate situation of collision near the Mabadong Bridge at the time of the accident.

5,550 won in payment of insurance money for the plaintiff vehicle and Me2 vehicle, and 200,000 won in self-paid vehicle loss insured.

B. On January 2, 2018, the Plaintiff paid KRW 245,550,00, excluding KRW 200,000,000, out of the cost of repairing the Plaintiff’s vehicle, which occurred due to the instant accident, as insurance proceeds.

C. The Intervenor joining the Defendant is the owner and driver of the Defendant Oral Ba at the time of the instant accident.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 1, and the purport of whole pleading

2. In the instant accident, the Plaintiff asserts that the Defendant’s negligence was 40%, and sought 98,220 won and damages for delay equivalent to 40% of the insurance proceeds paid by the Plaintiff.

The evidence mentioned above and the circumstances leading up to the accident that can be known in the above recognition, in particular, the defendant Orala entered the intersection before much more than the plaintiff's vehicle, and the plaintiff's new vehicle that intends to enter the intersection is obligated to pay attention to and yield the progress of the vehicle that enters the intersection. Even in the case of the black screen image, the plaintiff's vehicle was located at a location where the accident is sufficiently discovered the defendant Oralab, but the accident of this case occurred while entering the intersection without a temporary stop or speed, although the defendant Orala was trying to enter the plaintiff's vehicle while passing through the intersection, the plaintiff's vehicle will enter the intersection from time to time.