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(영문) 서울중앙지방법원 2020.05.14 2019나70133
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff equivalent to the amount ordered to be additionally paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. Around 13:45 on January 12, 2019, the Defendant’s vehicle entered an intersection of a private distance distance from the front of the Gosong-dong Gosong-dong Gosong-dong, Gosong-dong, Gosong-dong, Gosong-dong. However, the Defendant’s vehicle shocked the front part of the Plaintiff’s vehicle’s front part of the front part of the Defendant’s vehicle to leave the front intersection from the left side of the Roman course to the right side.

(hereinafter referred to as “instant accident”). C.

On March 5, 2019, the Plaintiff paid KRW 878,90,00 as insurance money, deducting self-paid 225,000 from the cost of repairing the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 9 and the purport of the whole pleadings

2. Judgment on the plaintiff's right to indemnity

A. In full view of the following circumstances, the Defendant’s vehicle entered the intersection, namely, that is, the Plaintiff’s vehicle, despite the duty to yield the vehicle to the Plaintiff’s vehicle seeking to enter the intersection, appears to have failed to properly operate the brake system because it was difficult to recognize the movement of the Plaintiff’s vehicle, and on the other hand, the Plaintiff’s vehicle, as at the time, is able to follow up for the entry and exit of the intersection, has a duty to move from the intersection to the outer intersection, and has attempted to change the lane simultaneously from the intersection to the direction of entry, even if the vehicle was absent from the intersection to the direction of entry, in light of the situation of the instant accident, including the fact that the Plaintiff’s vehicle and the Defendant’s vehicle have been tryed to change the lane, and the degree of collision and damage of the vehicle, the instant accident was caused by the negligence of the Plaintiff and the Defendant vehicle.

(2) The ratio shall be ....

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