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(영문) 서울중앙지방법원 2020.07.14 2019나79079
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On June 20, 2019, the insured vehicle (hereinafter “Plaintiff vehicle”) Defendant Insured vehicle (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”)’s insured vehicle (hereinafter “Defendant vehicle”) was traveling in front of a restaurant located in Seogsan City, west-si, west-si, west-si, in the instant accident, the Plaintiff’s vehicle was driving in front of the designated restaurant. The Defendant’s previous Defendant vehicle, having entered the two-lanes to the two-lanes, changed the course to the two-lanes, led to the Plaintiff’s vehicle driver’s seat at the intersection. In this context, the Plaintiff’s vehicle was shocked.

Details of the payment of insurance proceeds shall be KRW 9,790,000, which deducts KRW 500,000 of the self-paid costs from among the repair costs of KRW 10,290,000 for the Plaintiff’s vehicle

B. It is reasonable to view that the instant accident, as a matter of course, was caused by the negligence of the Defendant’s vehicle’s entire course, without driving along the edges in passing through the intersection bypassing the intersection, using on-and-off signal instead of the left-hand side, and without properly examining the latter driving vehicle.

[Grounds for Recognition] A.1 to 5, B.1, the purport of the entire pleadings

C. Defendant’s duty of indemnity of KRW 9,790,000 ( = 10,290,000 x 1-50,000)

2. Thus, the defendant is obligated to pay to the plaintiff 9,790,000 won with 5% interest per annum from August 15, 2019 to September 27, 2019, the delivery date of a copy of the complaint of this case, and 12% interest per annum from the next day to the day of full payment.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as there is no ground for appeal.

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