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(영문) 서울중앙지방법원 2018.09.12 2018나32967
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 an automobile insurance contract with A with respect to BM5 vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to C-A-Wed Vehicles (hereinafter “Defendant vehicle”).

B. On October 31, 2017, the driver of the Defendant vehicle: (a) driven the Defendant vehicle and entered the instant revolving intersection (hereinafter “instant revolving intersection”) near the intersection located in Seosan-si (hereinafter “instant revolving intersection”); (b) had the fronter on the left side of the Defendant vehicle and the front part thereof, and had shocked the door, even, and the rear part, following the right side of the Plaintiff vehicle A driving on the front side of the rearer and the rear part.

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

On December 18, 2017, the Plaintiff paid KRW 1,927,590 in total to the limited partnership companies, etc. due to the repair cost of Plaintiff’s vehicle, etc. due to the instant accident.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Gap evidence No. 4, Eul evidence Nos. 2 through 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) the Plaintiff's vehicle, which first entered the intersection of this case at the time of original inspection, had the right of passage, while the vehicle of this case was in normal progress. However, the Defendant's vehicle has the indication of "near" on the surface near the intersection of this case, which entered the intersection of this case in the direction of the vehicle of this case, but it was unreasonable to have the Plaintiff's vehicle traveling along the intersection of this case, and the accident of this case occurred while entering the intersection of this case. The accident of this case is due to the exclusive negligence of the Defendant's vehicle driver.

However, the Plaintiff paid the insurance money of KRW 1,927,590 due to the repair cost, etc. of the Plaintiff’s vehicle caused by the instant accident for A, which is the insured of the Plaintiff’s vehicle, to the Defendant’s driver of the Defendant A by subrogation under Article 682 of the Commercial Act.

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