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(영문) 서울중앙지방법원 2020.07.14 2019나70850
구상금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.

2...

Reasons

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On March 30, 2019, the insured vehicle of the Plaintiff, such as the circumstances of the accident, (hereinafter “Plaintiff vehicle”), Defendant insured vehicle (hereinafter “Defendant vehicle”) C (hereinafter “Defendant vehicle”) was located at the 17:0 on March 30, 2019 at the e-mail 17:0 on March 30, 2019, the Plaintiff’s vehicle was stopping at the edge of the road, and the part of the Defendant vehicle’s front direction and the Plaintiff’s vehicle, which followed the entry into the road, was shocked on the left side of the road.

The payment of insurance proceeds shall be made by June 26, 2019, in the amount of KRW 4,454,110 for the medical expenses of the driver of the plaintiff vehicle and the passenger of the defendant vehicle.

B. The instant accident, which judged negligence, was caused by the negligence of the Plaintiff, who entered the lane without any instruction, without examining the following vehicles properly.

Plaintiff

In light of the fact that the vehicle was close to the defendant vehicle at the time of learning, shock, etc., it seems that the defendant vehicle driver was difficult to prevent the accident.

[Ground of recognition] Facts without dispute, Gap 1 through 11, Eul 1 through 4, purport of the whole pleadings

2. Conclusion, the plaintiff's claim shall be dismissed for lack of reasonable grounds.

In conclusion, the part against the defendant among the judgment of the first instance that partially different conclusions is unfair, and thus the plaintiff's claim corresponding to that part is dismissed.

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