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(영문) 서울중앙지방법원 2021.01.12 2020나59729
구상금
Text

1. The part of the judgment of the first instance against the Plaintiff, which orders payment under the following, shall be revoked.

The defendant.

Reasons

1. Basic facts

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

B. On October 24, 2019, around 10:35, the intersection, in which the yellow light in front of the smooth Map-dong Map-dong is on-and-off of the wife population, the Plaintiff’s vehicle runs away from the shooting distance of Kim Jong-dong to the one-lane one-lane of the front line of the front line of the Dong department, and the Defendant’s vehicle runs in the middle of the three-lane of the E church room of the E church (including the raftet) in the direction of the intersection, during the intersection, the collision between the front line of the Defendant’s vehicle and the rear part of the Plaintiff’s vehicle’s right side (hereinafter “instant accident”).

(c)

On November 22, 2019, the Plaintiff paid 3,740,000 won equivalent to the intermediate exchange price due to the scrapping of a vehicle to the owner of the Plaintiff on November 22, 2019 according to the insurance contract, as the estimated repair cost of the Plaintiff’s vehicle exceeds the heavy exchange price of the vehicle, and received 90,000 won due to the return of the remaining goods.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 8, 9, Eul evidence Nos. 1 through 4 (including various numbers), the purpose of the whole pleadings and arguments

2. Summary of the parties' arguments;

A. Although the Plaintiff’s vehicle developed at the intersection, the instant accident occurred as the Defendant’s driver neglected his duty of frontway and entered the intersection. Therefore, the fault ratio of the Defendant’s driver on the occurrence of the instant accident ought to be 70%.

Therefore, the Defendant, as the insurance owner of the Defendant vehicle, should pay to the Plaintiff KRW 1,925,00,000 equivalent to KRW 70% of the insurance amount actually paid by the Plaintiff as the amount for reimbursement.

B. The driver of the Plaintiff’s vehicle must safely pass the intersection by examining the movement of the front side and the left side vehicle.

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