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(영문) 서울중앙지방법원 2016.07.22 2016나8946
구상금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

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

B. Around 12:00 on April 4, 2015, the driver of the Defendant’s vehicle driving the Defendant vehicle, and did not temporarily stop the shooting distance from the Sinsan-si tourism information center in a red and flickering signal, and did not temporarily stop the driving distance from the Defendant vehicle to two-lanes from the surface of the Saemangeum Tourism information center to the third-lane from the surface of the Saemangeum Tourism Information Center, the front part of the Plaintiff vehicle’s left front part of the left front part of the Defendant vehicle, which led from the yellow on-and-off signals from the right side of the Defendant vehicle to the port side of the passenger vehicle.

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

On November 2, 2015, the Defendant filed a claim against the Plaintiff for deliberation by the committee for deliberation on car insurance disputes, and the said committee set the negligence ratio of the Defendant’s vehicle against the Plaintiff on the part of the Plaintiff: 30:70, the Plaintiff paid KRW 2,193,000 equivalent to 30% of the repair cost of the Defendant’s vehicle paid by the Defendant on November 2, 2015.

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

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred from the total negligence of Defendant vehicle, which took place without stopping through an intersection from a red on-and-off line, and without stopping the intersection. As such, the Defendant is obligated to refund KRW 2,193,00 and damages for delay paid from the Plaintiff.

B. In addition to the purport of the entire argument of the evidence revealed earlier, the instant accident is the main body of the Defendant’s driver, who was directly in fact, even though he was required to temporarily stop in the intersection immediately before the intersection and take care of other traffic when entering the intersection.

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