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(영문) 서울중앙지방법원 2018.11.30 2018나31643
구상금
Text

1. Of the judgment of the first instance court, KRW 1,387,400 against the Plaintiff and its related thereto, from March 9, 2018 to November 30, 2018.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is the owner of B vehicle (hereinafter “Defendant vehicle”).

B. On January 13, 2018, when the Plaintiff and the Defendant were traveling on the side of the Kaf-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “instant accident”) caused an accident where the part behind the Plaintiff’s driver’s seat and the part behind the Defendant’s seat are faced (hereinafter “instant accident”).

C. On March 8, 2018, the Plaintiff paid KRW 1,784,250 as insurance proceeds, excluding KRW 200,000,00 of the insured’s self-paid expenses at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 5, Gap evidence 2, 3, Eul evidence 1, 2, and Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. At the time of the instant accident, the Plaintiff asserted that the driver of the Plaintiff’s vehicle at the time of the instant accident had confirmed whether it was possible to proceed with the instant accident, by discovering the Defendant’s vehicle at the right time, by concessioning it to the right side, and by stopping it. However, the Defendant’s vehicle contacted the Plaintiff’s vehicle at the right side of the Plaintiff’s vehicle and caused the instant accident. Therefore, the Plaintiff

In regard to this, the Defendant, on a narrow road where it is difficult for the Plaintiff to drive two prices due to illegal parked vehicles, intends to enter the place of the instant accident in order to have the Plaintiff’s vehicle left first, thereby causing the Plaintiff’s vehicle to be inevitably damaged. Since the instant accident occurred, at least 50% of the negligence on the Plaintiff’s driver should be recognized.

B. The following circumstances, i.e., the place where the instant accident occurred, that is, the center line is not installed, which is the direction of the Plaintiff’s vehicle at the time of the instant accident.

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