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(영문) 서울중앙지방법원 2019.10.16 2019나26822
구상금
Text

1. Of the judgment of the court of first instance, KRW 308,00 against the Plaintiff and its related amount from September 11, 2018 to October 16, 2019 against the Defendant.

Reasons

1. Basic facts

A. The Plaintiff is an organization that is obligated to compensate for damage caused by a car accident if a member suffers damage similar to a non-life insurance business or a mutual aid business in accordance with the terms and conditions of the first aid agreement within the association. C is the Plaintiff’s member and the driver of a private taxi vehicle D (hereinafter “Plaintiff”) and the Defendant is the insurer who concluded the automobile insurance contract for the E vehicle (hereinafter “Defendant vehicle”).

B. On July 2, 2018, at around 21:00, the Seoul Dobong-gu Seoul Metropolitan Government Twit-type Intersection, and the Defendant’s vehicle, the three lanes of the three-lanes of the way way of the way way, are straightened from the right side of the way way to the right side of the direction, and the Plaintiff’s vehicle intending to enter the right side of the way way to the right side of the direction, was shocked with the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On September 10, 2018, the Plaintiff paid KRW 440,000 for the repair cost of the Plaintiff’s vehicle as the compensation for the instant accident.

(A) The plaintiff received 150,000 won from the driver of the plaintiff's vehicle and paid it to the repair cost. [Grounds for recognition] The plaintiff did not dispute, Gap's statements or images, Eul's evidence Nos. 1 through 5, 7 through 10, Eul's evidence Nos. 1, 4 through 9 (including each number), and the purport of the whole pleadings.

2. Determination

A. According to the evidence revealed prior to the determination of the percentage of fault, the Plaintiff’s vehicle immediately before the occurrence of the instant accident was driven by the front vehicle moving from the back road to the right-hand route, and the Defendant’s vehicle seeking to enter the right-hand route to the right-hand station is found to have a shocked situation after the aforementioned front vehicle and the Plaintiff’s vehicle left the right-hand route, and the Plaintiff’s vehicle were waiting to enter the right-hand route.

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