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(영문) 서울중앙지방법원 2017.11.16 2016가단5088885

구상금

Text

1. The Defendant’s KRW 17,731,00 for the Plaintiff and 5% per annum from January 29, 2016 to November 16, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A with respect to BKama vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to Choma vehicle (hereinafter “Defendant vehicle”).

B. A, around 01:25 on December 10, 2015, when driving the Plaintiff’s vehicle, and driving the Plaintiff’s vehicle to Asan City citizens near the Asan City 430 Clomonis mountain point, is going straight along the two-lanes of the three-lanes of the tourist hotel shooting distance from the side of the Asan City, and enters the citizen shooting distance intersection, while driving directly from the left side of the Plaintiff’s vehicle to the 1-dong community center in the direction of the Arais distance, the two-lanes of the two-lanes of the two-lanes of the two-lane road from the left side of the Plaintiff’s vehicle, and conflict with the Defendant of D driver’s vehicle entering the said intersection.

(hereinafter “instant accident”). At the time, yellow lights, etc. were on-and-off on the signal of the said intersection.

C. In the instant accident, the part before and after the left side of the Plaintiff’s vehicle and the lower fences are destroyed, and the repair cost exceeds the value of the vehicle, the Plaintiff treated the Plaintiff’s vehicle by transfer in accordance with the automobile insurance clause.

Accordingly, Owewa Co., Ltd., a vehicle selling company, purchased the Plaintiff vehicle and paid A KRW 17,270,000,000. The Plaintiff paid A the remainder of KRW 25,180,000 after subtracting the above KRW 17,270,000 from the value of the Plaintiff vehicle.

In addition, on January 28, 2016, the Plaintiff paid KRW 150,000 to E at the towing cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 13 (including each number in case of additional number), Eul evidence No. 1, and the purport of the whole pleadings

2. Determination

A. All vehicles intending to enter the intersection in which the relevant legal principles are not controlled, shall drive from other roads the vehicles already entering the intersection.