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(영문) 서울중앙지방법원 2019.07.02 2018나72156
구상금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to C vehicle (hereinafter “Plaintiff”), and the Defendant is the driver of D vehicle (hereinafter “Defendant vehicle”), and E Co., Ltd. (hereinafter “E”) is an insurer who entered into a liability insurance contract with the Defendant providing “amount as prescribed by the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act” with respect to the Defendant vehicle.

B. At around 11:20 on January 23, 2018, the Defendant driven the Defendant’s vehicle at an intersection where no signal, etc. is in Kimpo-si F, and tried to pass the intersection as shown in the attached Form No. 1, the Defendant: (a) discovered the Plaintiff’s vehicle that was stopped through the intersection and took the action of operation on the right side (on the right side below the above site level) while driving the Defendant’s vehicle at the intersection where no signal, etc. is in Kimpo-siF, and going through the intersection as shown in the attached Form No. 1, the Defendant: (b) found the Plaintiff’s vehicle at the intersection (on the right side of the above site); (c) but (d) went off the ice, the part of the front part and the left side of the Defendant’s vehicle, which conflict with the front part of the driver’s vehicle and the front part of

C. From January 30, 2018 to February 14, 2018, the Plaintiff paid KRW 2,213,270,270, including medical expenses of KRW 413,270 and agreed amount of KRW 1,80,00, to G, a driver of the Plaintiff, etc., as the personal damage insurance money under the said comprehensive automobile insurance contract.

On the other hand, on February 20, 2018, the Plaintiff received KRW 1,200,000 from the Defendant’s liability insurance company, as the liability insurance amount.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 and the purport of the whole pleadings

2. The parties' assertion

A. The main point of the Plaintiff’s assertion is that the instant accident of this case conflicts with the Plaintiff’s vehicle under stop as the Defendant’s vehicle turns off along the snowway, resulting in the Defendant’s driver’s unilateral negligence.

B. The instant accident involving the Defendant’s assertion is the intersection.

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