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(영문) 서울중앙지방법원 2017.09.05 2017나30407
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The circumstances leading to the instant accident are as follows.

At the time of the accident, the insured vehicle A, the insured vehicle A, at the time of the accident, and at the time of the accident, at the location of the D Hospital near the D Hospital located in Ansan-si, Sinsan-si, 15:50 on October 16, 2016, the insured vehicle A, according to the Twit-type video of No. 3, the insured vehicle A, without any signal signal, appears to have been terminated in length in the upper part of T, but since the relevant part is the access road to the parking lot, it considered to be Twit-type

The fact that there is no dispute between the defendant's insured vehicle that has left the left on the left-hand side and the defendant's insured vehicle that has paid the shock insurance money, 369,300,000, the self-paid share of the insured self-paid driver's loss (based on recognition), Gap's 1 through 3, Eul's 1 to 3, 3, 4, 5, 6, and the purport of the whole pleadings and arguments.

2. The Plaintiff asserted that the instant accident occurred due to the unilateral negligence of the Defendant’s insured vehicle, and claimed the full amount of the insurance money paid by the Plaintiff and the damages for delay from the day following the payment date. The Defendant asserted that the Plaintiff’s insured vehicle operator was negligent.

In light of all the circumstances, such as the background of the above recognition and the background of the accident, the degree of conflict and shock, etc., it is reasonable to see that the negligence of the plaintiff's insured vehicle and the defendant's insured vehicle in this case is 37:7.

We do not accept both of these arguments.

Next, I examine the scope of indemnity.

The Plaintiff’s insurance proceeds of this case are paid on the basis of self-vehicle damage security, and self-vehicle damage security has the nature of consideration for insurance premiums paid to the insurer up to the time of occurrence of the insured event. It is separate from the liability to compensate for damages borne by the Defendant’s insured vehicle, and the Plaintiff has the right to compensate for the damages of the part corresponding to the amount of the insured’s own share out of the damages

Therefore, in this case.

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