(영문) 서울중앙지방법원 2020.12.22 2019나66769

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자간(%)

(영문) 서울중앙지방법원 2020.12.22 2019나66769

구상금

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The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with the Defendant Oral Ba (hereinafter “Defendant Oral Ba”) with respect to the Plaintiff C Vehicle (hereinafter “Plaintiff”).

B. On April 6, 2018, around 16:30, there was an accident in which the front wheel part of the Defendant Otoba, who changed the course from the fourth lane to the third lane of the 5-lane road, and the front wheel part of the Plaintiff Obaba, who changed the course from the two-lane to the three-lane, was in conflict (hereinafter “instant accident”).

C. On May 2, 2018, the Plaintiff paid KRW 478,000 as insurance proceeds, excluding KRW 200,000,000, out of the total amount of the Plaintiff’s automobile repair cost due to the instant accident, and received KRW 271,200 from the Defendant on January 29, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Gap evidence 13, Eul evidence 4 (including branch numbers), the video and the purport of the whole pleadings

2. The evidence as seen earlier, in light of the following circumstances: (a) the driver’s fault ratio of the Plaintiff and the Defendant’s vehicle in the instant accident is 60%: 40% in light of the background of the instant accident; (b) the point of course change; (c) the post-age relationship of career change; (d) the degree of shock and shock; and (e) the road conditions at the time, which are revealed by images at the time of the instant accident.

According to this, there is no amount that the plaintiff can claim against the defendant.

[3. The plaintiff's claim of this case must be dismissed on the ground that the plaintiff's claim of this case is without merit. The plaintiff's claim of this case is dismissed. The plaintiff's claim of this case is justified. The plaintiff's claim of this case is dismissed. The plaintiff's claim of this case is without merit.

The judgment of the first instance court is just in conclusion, and thus, the plaintiff's appeal of this case is not accepted.

유사 판례

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