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(영문) 서울중앙지방법원 2019.03.20 2018나61767
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to CK5 vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to Drocketing Hashed vehicle (hereinafter “Defendant”).

B. Around 13:55 on January 15, 2018, the driver of the Plaintiff’s vehicle was driving along the four-lane of the road by making a right-hand turn in the direction of the electricity trading station in the direction E at the intersection of the 661 road at the 661-distance-ro electric power, as shown in the Appendix, and the driver of the Plaintiff’s vehicle was driving along the four-lane of the road. The driver of the Defendant’s vehicle, who changed the course to four-lanes on the same direction as the Plaintiff’s vehicle, had a right-hand turn in the direction of the electricity trading station in accordance with the direct and right-hand turn at the intersection of the instant intersection of the instant case.

C. On February 1, 2018, the Plaintiff paid KRW 836,000 to the F industry company under the pretext of the repair cost and the cost of parts of the Plaintiff’s vehicle.

[Ground of Recognition] A without dispute, entry of Gap evidence 1 to 6, entry of Eul evidence 1, video of Eul evidence 2, the purport of whole pleadings

2. The parties' assertion and judgment

A. The main point of the Plaintiff’s assertion 1) The instant accident occurred when the Defendant’s driver, who had completed the right of way through the intersection and changed the lane after the driver of the Defendant’s vehicle, was making a change of the lane without checking whether the Plaintiff’s vehicle is in progress. The negligence of the Defendant’s driver in relation to the instant accident ought to be considered as 80%. The Plaintiff acquired the Plaintiff’s right to claim damages against the Defendant’s driver by subrogation of the insurer under Article 682 of the Commercial Act by paying the Plaintiff’s insured amounting to KRW 836,00. Accordingly, the Defendant, who is the insurer of the Defendant’s vehicle, obtained the Plaintiff’s claim for damages by subrogation of the insurer under Article 682 of the Commercial Act.

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