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서울남부지방법원 2018.10.25 2018나56266
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

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to B trucking vehicles (hereinafter “Defendant vehicle”).

B. On July 5, 2017, around 09:20 on July 5, 2017, the Defendant’s vehicle, who had entered the straight line section with the Plaintiff’s vehicle entering the straight line section by making a bypass, such as a brief map in the attached site, has caused a traffic accident.

C. On July 25, 2017, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 1,605,400 for the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 1 (including paper numbers) and the purport of the whole pleadings

2. In full view of the background leading up to the occurrence of the foregoing traffic accident, location of the Plaintiff and the Defendant’s vehicle at the time of the accident, and the degree of the collision, etc., the Defendant’s vehicle operating on the straight line, even though the Plaintiff’s vehicle was at the time of the occurrence of the said traffic accident, bypassing as shown in the attached Table No. 1, entered the straight line. However, even if the Plaintiff’s vehicle was at the time of the accident, the Defendant’s vehicle driving on the straight line was trying to overtake the Plaintiff’s vehicle, which is the preceding vehicle, while going beyond the median line without speed, while trying to pass it over

Therefore, since the above traffic accident occurred due to the total negligence of the Defendant’s driver who neglected the duty of safe driving, the Defendant is obligated to pay the Plaintiff the insurance proceeds of KRW 1,605,400, and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from July 26, 2017 to August 24, 2017, the delivery date of a copy of the complaint, which is the day following the payment date of the insurance proceeds paid by the Plaintiff to the Plaintiff.

3. Conclusion, the court of first instance.

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