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(영문) 서울중앙지방법원 2020.11.26 2020나5951

구상금

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1. Of the judgment of the court of first instance, KRW 2,608,624 against the Plaintiff and its related thereto from August 21, 2019 to November 26, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive insurance contract with the Plaintiff’s Intervenor (hereinafter “ Intervenor”) with respect to D vehicles (hereinafter “Plaintiff’s vehicle”). The Defendant is an insurer who entered into a comprehensive insurance contract with respect to E vehicles (hereinafter “Defendant”).

B. On August 12, 2019, the Plaintiff’s vehicle stops in the direction of the passing of the Plaintiff’s vehicle at the intersection while driving the G in front of the G in Seo-gu, Gwangju at a one-lane road (hereinafter “instant accident”) around 14:54, the Plaintiff’s vehicle parked in the direction of the passing of the Plaintiff’s vehicle at a one-off speed on the side of the road divided into a real line, but the Defendant’s vehicle was parked on the side of the said vehicle, but the vehicle stopped on the side, but it was not stopped on the side, but stopped on the side, and there was an accident that shocks the left side of the Defendant’s vehicle entering the road into the road (hereinafter “instant accident”).

C. On August 20, 2019, the Plaintiff paid KRW 3,385,780 with the insurance money related to the damage of the Plaintiff’s vehicle after deducting KRW 500,000 to the intervenors.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 10, and the purport of the whole pleadings

2. Determination

A. Comprehensively taking account of the aforementioned facts and the purport of the entire arguments, the instant accident occurred when it stops in the direction of the Plaintiff’s proceeding at the private-distance intersection, and the fault of the Defendant’s driver, who did not properly look at whether there is a vehicle in the direction of the Plaintiff’s proceeding, entering the one-lane road, and the speed of the vehicle, and the Intervenor’s fault (in the case of the intersection, there was a stop line attached to the crosswalk and the crosswalk without signal lights, and immediately before that, the Intervenor did not reduce the speed of the vehicle).