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(영문) 서울중앙지방법원 2016.12.16 2016나37678
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

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

B. Around 16:50 on July 27, 2015, the Plaintiff’s vehicle driven along the private street crossing along the Gangnam-gu Seoul Metropolitan Government side road, and the front gate part of the Defendant’s vehicle, which was left to the port from the right side of the direction of the Plaintiff’s vehicle, was shocked with the front front wheel part of the Plaintiff’s vehicle.

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

On September 1, 2015, with respect to the instant accident, the Plaintiff paid KRW 6,837,00 as the repair cost for the Plaintiff’s vehicle.

[Evidence] Facts without dispute, entry of Gap evidence 1 to 5, and evidence 7, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion argues that the accident of this case occurred by the Plaintiff’s vehicle driving along as soon as possible, and the Defendant’s vehicle driving along the way to enter the intersection without reducing the speed, and that the negligence of the Defendant’s vehicle is about 70%, so the Defendant is obliged to pay the Plaintiff the amount of damages for delay equivalent to the percentage of the fault of the Defendant’s vehicle out of the insurance money paid to the insured by the Plaintiff, as the negligence of the Defendant’s vehicle is about 4,785,90 won and delay damages.

B. In full view of the aforementioned evidence and the purport of the entire pleadings, the instant accident occurred when the Plaintiff’s vehicle and the Defendant’s driver did not confirm the movement of the other party vehicle due to the vehicle parked at the intersection, and the Plaintiff’s vehicle and the driver of the Defendant’s vehicle were negligent in entering the intersection.

However, while the Plaintiff’s vehicle runs slowly at the location of the instant accident, which is a side road, the Defendant’s vehicle is at the time.

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