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(영문) 대전지방법원 2020.02.11 2019나100934
구상금
Text

1. Of the judgment of the court of first instance, KRW 13,475,00 against the defendant and 5% per annum from September 19, 2017 to February 11, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile comprehensive insurance contract with D Vehicle (hereinafter “Defendant”).

B. Around 07:50 on August 28, 2017, the Plaintiff’s driver was driving along the first lane of the second lane road along the motorway, which is the motorway in the vicinity of the gold-ri Innovation City, in the vicinity of the gold-ri Innovation City, and was negligent in failing to perform the duty of Jeonju, the Plaintiff’s driver concealeded the EXE vehicle (hereinafter “EXE vehicle”).

(이하 ‘선행사고’라 한다). 사고 당시 원고측 차량은 제동장치를 조작하며 조향장치를 우측으로 꺽으면서 운전석 앞쪽 앞 범퍼로 엑센트 차량의 조수석 뒤쪽 범퍼를 들이받았다.

C. The Defendant’s driver erroneously violated the duty to keep the front-time watch and the safe distance and received the Plaintiff’s vehicle from the Plaintiff’s side due to the fact that the Defendant’s driver breached the duty to safely drive the vehicle immediately after the preceding accident, and the Plaintiff’s side used the EX car

(hereinafter referred to as the “instant accident.” The vehicle behind the Defendant’s vehicle was received from the Defendant’s vehicle, and the Defendant’s vehicle was re-paid by the Plaintiff.

As a result of calculating the repair cost of the Plaintiff’s vehicle by aud ratex program, an insurance company, including the Defendant, conducted a total of KRW 24,489,050,000, in excess of KRW 22,390,00,000, in total of KRW 10,356,668, and the repair cost of the Plaintiff’s vehicle.

On September 18, 2017, the Plaintiff paid KRW 19,250,000, excluding KRW 3,140,000, the remaining value of the vehicle from KRW 22,390,000 to the owner G of the Plaintiff’s vehicle.

[Grounds for recognition] Gap 1, 3-12 evidence, Eul 1, 2, 6, 7 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Claims and judgments.

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