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(영문) 서울중앙지방법원 2020.07.10 2019나66998
구상금
Text

1. Of the judgment of the court of first instance, KRW 2,824,00 against the Plaintiff and its related thereto from October 5, 2018 to July 10, 2020 against the Defendant.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings, on the statements or images of Gap evidence Nos. 1 to 9 and Eul evidence No. 1.

The Plaintiff is an insurer who has entered into an automobile insurance contract with C, including an agreement on the security of self-vehicle damage (including a special agreement on self-payment) with respect to the automobile owned by C (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to the automobile of the E-wing vehicle (hereinafter “Defendant vehicle”).

B. At around 21:00 on September 12, 2018, C, while driving the Plaintiff’s vehicle and driving the private street road near the culture and arts center located in Scheon-si Line according to the straight line, C, who entered the intersection, conflict with the Defendant’s vehicle that entered the said intersection by making a non-protected left-hand turn at the one-lane on the opposite side of the opposite side and entered the said intersection.

(hereinafter “instant accident”). C.

On October 4, 2018, the Plaintiff paid KRW 20,060,000, excluding KRW 500,000,000, out of the repair cost of the Plaintiff’s vehicle, but on October 19, 2010, the Plaintiff recovered an amount equivalent to KRW 780,000 from F Co., Ltd. by means of remaining physical substitution, and recovered KRW 14,40,000 from the Defendant on December 31, 2018 by means of old reimbursement (part). As a result, the amount of insurance money not recovered after the Plaintiff paid to the insured is KRW 4,880,00.

2. Existence and scope of liability for indemnity; and

A. According to the above fact of recognition of the existence of the liability for reimbursement, the accident of this case occurred by the negligence of the driver of the defendant vehicle who entered the above intersection for the left-hand turn to the left-hand turn without confirming the progress of the plaintiff vehicle, who was dispatched under the new subparagraph from the right-hand left-hand turn to the left-hand turn, and thus, the defendant, the insurer of the defendant vehicle, is liable to compensate for the damage equivalent to the above repair cost sustained by C, the insured of the plaintiff vehicle, due to the accident of this case.

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