(영문) 서울중앙지방법원 2018.05.17 2017나69443

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(영문) 서울중앙지방법원 2018.05.17 2017나69443

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

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On January 15, 2017, at around 13:10, the Plaintiff’s vehicle entered the private street intersection of the road without any signal apparatus located in Pyeongtaek-dong at Pyeongtaek-dong at the same time and entered the intersection on the right side of the running direction of the Plaintiff’s vehicle and the front part of the Plaintiff’s front and the Plaintiff’s front part of the vehicle (hereinafter “instant accident”).

C. By February 2, 2017, the Plaintiff paid 1,849,000 won (i.e., 1,970,000 won- the value of residues 121,000) to the insured of the Plaintiff’s vehicle according to its own vehicle damage security.

On June 26, 2017, the Plaintiff filed an application with the Defendant for deliberation and mediation of the instant accident. On the ground that “the Defendant’s fault appears to have been serious, the Defendant’s vehicle appears to have stopped immediately before the collision, the Defendant’s vehicle appears to have stopped immediately before the collision, and at its time, the fault ratio of the instant accident was set at 20% on the Plaintiff’s vehicle and 80% on the Defendant’s vehicle.”

E. On June 30, 2017, the Plaintiff agreed with the Defendant to calculate the amount of total loss of the Plaintiff’s vehicle at the time of the accident as KRW 1,440,000. On June 30, 2017, the Defendant paid to the Plaintiff KRW 1,440,000 (=1,80,000,000 x 80%) equivalent to the fault ratio (80%) of the Defendant’s vehicle determined by the said agreed amount from the said agreed amount to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and the purport of the whole pleadings

2. The main point of the Plaintiff’s assertion is to temporarily stop the instant accident at the intersection while violating the duty of Jeonju.

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