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(영문) 서울중앙지방법원 2020.12.16 2019가단5191171
구상금
Text

1. The Defendant’s KRW 10,830,00 for the Plaintiff and the following: 5% per annum from July 24, 2019 to December 16, 2020 for the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with C Co., Ltd. and Dbenz automobiles (hereinafter “Plaintiff”).

The defendant is an insurer who has concluded an insurance contract for E dump trucks (hereinafter referred to as "Defendant vehicle").

B. On May 31, 2019, the driver of the Plaintiff’s vehicle who suffered a traffic accident runs approximately 140km/h along the two lanes in the direction of the Domari-ri-ri, the direction of the two lanes between the two lanes in the direction of the Dori-ri-ri-ri, Dori-si, Gwangju Metropolitan City, the speed limit of 70km/h on May 31, 2019.

While changing from the two-lanes to the one-lane, the left part of the defendant vehicle, which changed from the two-lanes to the one-lanes, was shocked by the front part of the right part of the plaintiff vehicle.

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

As the insurer of the Plaintiff’s vehicle, the Plaintiff paid the Plaintiff’s insurance money of KRW 36,100,000 (the self-paid premium of KRW 500,000) to the Plaintiff’s vehicle insured on July 23, 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 10 (including provisional numbers; hereinafter the same shall apply), Eul evidence 1 to 5, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s assertion that the instant accident occurred in the latter two lanes from the latter two lanes to the latter one, the Plaintiff’s driver’s negligence of the Defendant’s driver who changed the lane in the section where the change of the lane was prohibited without taking into account the road condition of the left side of the direction, and the Plaintiff’s negligence of the Plaintiff’s driver who changed the lane in the section where the change of the lane was prohibited, and thus, the Defendant, who is the insurer of the Defendant’s vehicle, shall pay KRW 25,270,000, which is 70% of the insurance money paid by the Plaintiff to the Plaintiff who jointly exempted the Defendant by compensating the Plaintiff for the

B. The defendant's argument that the vehicle of the defendant changed the lane normally before the section prohibited from changing the lane, and the plaintiff's vehicle is 140 km on the road at which the speed of 70 km/h is restricted.

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