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(영문) 서울중앙지방법원 2020.04.29 2019나60129

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is the insurer who entered into an automobile comprehensive insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is the mutual aid association which entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

B. (1) On December 28, 2018, the Plaintiff’s vehicle is the five-lane (hereinafter “instant road”) in front of the Seogu Seo-gu Incheon Metropolitan City Fire Fighting Station around 17:50 on December 28, 2018.

2) The intersection of the Twit-distance and Fire Station (hereinafter referred to as the “instant intersection”) in the middle of the two-lane.

2) The Plaintiff’s vehicle and the Defendant’s vehicle and the Defendant’s vehicle were in transit along the instant intersection from the same point of view, and entered the instant intersection like the Plaintiff’s vehicle. 2) The Plaintiff’s vehicle and the Plaintiff’s vehicle attempted to enter the instant intersection into the instant intersection on a two-lane one way, and the Defendant’s vehicle and the Defendant’s vehicle were in conflict with each other while passing through the instant intersection.

(3) The Plaintiff’s vehicle was destroyed by the instant accident, and the lower part was destroyed by the lower part of the lower part, and the Defendant’s vehicle was destroyed by the lower part of the lower part. (4) On the other hand, the instant road was set at five lanes before entering the instant intersection, but it was set at four lanes after passing through the intersection, and the first lane prior to entering the intersection is the left and the right-hand-hand lane, and both the second to five lanes.

C. From February 13, 2019 to April 3, 2019, the Plaintiff paid KRW 3,583,620 as insurance proceeds for the Defendant vehicle’s 7 winners of the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 9, 10, Eul evidence Nos. 2 and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion.