(영문) 서울중앙지방법원 2017.11.01 2017나26026

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.11.01 2017나26026

구상금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with B (hereinafter “Plaintiff”) with A, and the Defendant is the insurer who has entered into an automobile comprehensive insurance contract with C (hereinafter “Defendant”).

B. Around 16:30 on June 13, 2016, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle into a two-lane between the two-lanes in the street near the 2319 shooting tower and the two-lanes in the direction of the Plaintiff’s vehicle, while changing the vehicle to a one-lane, the driver of the Defendant’s vehicle driving the same direction more than 20 km at a limited speed without a driver’s license, compared to the left side of the Plaintiff’s vehicle to the front part of the Defendant’s vehicle.

(hereinafter referred to as “instant accident”). C.

By September 8, 2016, the Plaintiff paid KRW 1,700,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred due to the total negligence of the driver of the defendant vehicle who continued beyond the limited speed without a license.

In this regard, the defendant did not maintain the safety distance, and did not claim that the rate of negligence of the driver of the plaintiff vehicle changed at a slow speed constitutes 40%.

B. According to each of the above evidence, the accident in this case did not verify the defendant's vehicle driving in the first lane, and without changing the vehicle from the second lane to the first lane, it is deemed that the negligence of the driver of the plaintiff's vehicle driving in excess of 20 km and speed, and it is reasonable to view that the negligence ratio of the driver of the plaintiff's vehicle and the negligence ratio of the driver of the defendant vehicle are 40:60.

Therefore, the defendant is entitled to 1,020,000 won as indemnity amount (i.e., 1,700,000 won x 60%) and the plaintiff is entitled to 1,020,000 won as indemnity amount

유사 판례

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