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(영문) 서울중앙지방법원 2019.06.14 2018나84524

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. With respect to the Plaintiff’s C Vehicle (hereinafter “Plaintiff’s Vehicle”), the Defendant is an insurer who concluded each automobile insurance contract with D Vehicle (hereinafter “Defendant’s Vehicle”).

B. On December 14, 2016, the Plaintiff’s vehicle was going straight along four lanes among the five-lane roads located in the south-gu Incheon Metropolitan City, Nam-dong-dong-dong-dong-dong-gu, Incheon. On December 14, 2016, the Defendant’s vehicle, who entered the said road by going through and bypassing from the runways on the right edge of the Plaintiff’s vehicle’s moving to the four-lanes, and the collision between the left side of the Defendant’s vehicle and the right side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On July 27, 2016, the Plaintiff paid insurance proceeds of KRW 9,956,390, excluding KRW 500,000, out of the total repair cost of the Plaintiff’s vehicle 10,456,390.

On January 8, 2018, the Plaintiff filed a request for deliberation with the E Committee against the Defendant. On January 8, 2018, the E Committee decided the ratio of fault between the Plaintiff’s vehicle and the Defendant’s vehicle that contributed to the instant accident due to the reason that it is reasonable to maintain the decision of the trial (the respondent’s assertion regarding repair costs is insufficient) in light of the circumstances of the accident identified in the video.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6 (including each number, hereinafter the same shall apply), Eul's evidence 1 through 5, or the purport of the whole pleadings

2. The assertion and judgment

A. (i) The Plaintiff asserted by the parties: (a) the instant accident occurred as the Defendant’s vehicle shocked the Plaintiff’s vehicle while checking the vehicle from the runway to the four-lanes of the five-lane road; and (b) the Defendant, who is the insurer of the Defendant’s vehicle, paid the Plaintiff the full amount of the repair cost, KRW 956,390, and damages for delay thereof.