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(영문) 서울중앙지방법원 2020.07.22 2019나67304

구상금

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is a mutual aid business operator who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. The occurrence of the instant accident

B. On December 23, 2018, at around 19:23, 2018, the Defendant’s vehicle proceeding in excess of a yellow yellow line indicating the safety zone while moving by right at the two-lane road near the camping tower, the camping tower, the bus stops in the area of Sungnam-si, Sungnam-si. On the other hand, the lower part of the Plaintiff’s vehicle that was at right right of way was at right of way in the first lane of the said road.

(hereinafter “instant accident”). C.

By February 21, 2019, the Plaintiff paid KRW 1,570,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident (the self-charge of KRW 300,000) as insurance money.

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

2. Determination

A. The facts acknowledged earlier, based on the aforementioned evidence, the following circumstances revealed: ① the location of the instant accident is the road of the second line located in a three-distance; ② the safety zone of the yellow solid line exists between the two-lanes; ② the Defendant’s vehicle entered the said yellow solid line as at the time of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right.