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(영문) 서울중앙지방법원 2017.08.29 2017나20301
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

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

At the time of the accident, the insured vehicle A at the time of the insured vehicle A at the time of the accident, the insured vehicle A at the time of the accident, and at the time of the accident, on July 16:50 on July 20, 2016, the parking lot collision in the Seo-gu Seo-dong Hyundai Apartment Complex at Sung-dong, Sung-dong, Sung-dong, Sung-dong, Seo-dong, Seo-gu, Sung-dong, Seoul, in a parking space, the plaintiff's insured vehicle, which had been driving the progress space at the parking space, did not dispute over the payment of shock insurance money to 2,689,00,000 of the insured vehicle's self-paid vehicle's own share

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 final payment date. The Defendant asserted that the instant accident occurred by the concurrence of the negligence of the Plaintiff’s insured vehicle driver.

In full view 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 15:85.

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, the insured of the insurance contract for the plaintiff vehicle is not compensated for the insurance money received from the plaintiff, who is the insurer, the defendant vehicle.

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