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(영문) 서울중앙지방법원 2018.08.16 2018나25426
구상금
Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with respect to Arade vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive motor vehicle insurance contract with respect to B (hereinafter “Defendant”).

B. On August 8, 2017, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle on and around 16:45, while driving the Plaintiff’s vehicle and driving the Plaintiff’s vehicle in the vicinity of the intersection of the Seocho-gu, Mapo-gu, Seoul Metropolitan Government, along the one-lanes of the four-lanes of the intersection as the front intersection. The Defendant’s vehicle entered the left intersection of the Plaintiff’s vehicle at the left intersection of the two-lanes, and the lower part of the Plaintiff’s vehicle’s left side was shock

(hereinafter referred to as “instant accident”). C.

원고는 이 사건 사고로 인하여 2017. 8. 25. 원고차량의 수리비로 아주네트웍스 주식회사 C점에게 7,255,000원의 보험금을 지급하였다.

[Ground of recognition] Unsatisfy, Gap evidence 1, 5, 9, Gap evidence 2 through 4, Gap evidence 8, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party’s assertion (i) the instant accident occurred while the Plaintiff’s vehicle overtakes the front vehicle of the entry lane while trying to change the direction, etc. without using the direction, although the vehicle had priority over proceeding on the part of the Plaintiff’s vehicle while driving ahead of the road. The driver of the Plaintiff’s vehicle could not predict the sudden movement of the Defendant vehicle.

Therefore, the instant accident occurred due to the total negligence of the driver of the Defendant Vehicle, and thus, the driver of the Defendant Vehicle is liable for damages caused by the instant accident to the insured of the Plaintiff Vehicle, while the Plaintiff paid the insurance money of KRW 7,255,00 for the insured of the Plaintiff vehicle, thereby acquiring the right to claim damages against the insured driver by subrogation of the insurer under Article 682 of the Commercial Act.

Therefore, the defendant vehicle.

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