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(영문) 서울중앙지방법원 2020.09.11 2019나55233
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

(a) On October 10, 2018, the driver of the C vehicle (hereinafter referred to as the “Defendant vehicle”) finds out the vehicle E (hereinafter referred to as the “Plaintiff vehicle”) driven by the Defendant vehicle at the right side of the Defendant vehicle and caused an accident that damages the Defendant’s right side and the dricking day, while driving the vehicle along the first lane at a point 2 km in the direction of the 2km in the direction of the snife-e-an-e-an-e-an-e-e-an-e-an-e-e-an-e-an-e-an-e-an-e-an-e-an-nifg-i-g (hereinafter referred to as “the driver”), driving the vehicle at the right side of the vehicle, driving the vehicle at the right side of the vehicle in order to rapid change the course to two lanes.

(hereinafter “instant accident”). (b)

The plaintiff is an insurer who has concluded an automobile insurance contract with respect to the plaintiff vehicle, and the defendant is an insurer who has concluded automobile insurance contract with respect to the defendant vehicle

[Grounds for recognition] Part of Gap evidence Nos. 1, 3, and 4, Eul evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s cause of the instant accident caused damage to the Plaintiff’s vehicle by shocking the front part of the Plaintiff’s vehicle on the instant road surface, which led to the destruction of the parts damaged by the Defendant’s vehicle, and the parts damaged by a drick, stone, bridge, etc., and accordingly, the Plaintiff paid KRW 4,635,310 at its repair cost. As such, the Defendant, the insurer of the Defendant’s vehicle, is liable to pay the Plaintiff the above 4,635,310 won as damages incurred by the Plaintiff’s total negligence on the part of the Plaintiff’s driver, who acquired the Plaintiff’s right to claim compensation for damages by paying the insurance money equivalent to the above repair cost, and is liable to pay the Plaintiff the damages incurred by the instant accident.

3. Determination

A. Since the Plaintiff’s claim in this case is obviously based on the premise that the strike that occurred due to the instant accident faces with the Plaintiff’s vehicle, such fact is true.

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