logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.06.12 2019나30831
구상금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. In the first instance trial, the Plaintiff claimed the amount of indemnity against the Defendants in the principal lawsuit, and the Defendant C claimed the amount of indemnity against the Plaintiff as a counterclaim.

The first instance court dismissed the plaintiff's principal claim against the defendant B association, and accepted the principal claim and the counterclaim claim between the plaintiff and the defendant C, with the exception of the partial damages for delay.

As to this, only the plaintiff appealed against the principal claim against the defendant B and the counterclaim claim against the defendant C, the subject of the judgment of this court is limited to the plaintiff's principal claim against the defendant B and the counterclaim claim against the defendant C.

2. Under the underlying facts, the following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the following: Gap evidence 1-5, Eul evidence 6-5, Eul evidence 1-2, Eul evidence 1-3, Eul evidence 1-2, Eul evidence 2-1-20, Eul evidence 3-5, Eul evidence 3-5, and the overall purport of pleadings.

The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with D Co., Ltd. for business use with respect to E-Wed Vehicles (hereinafter “Plaintiff-Wed Vehicles”). Defendant B Co., Ltd. is an insurer who has concluded an automobile insurance contract with respect to F Vehicle (hereinafter “Defendant 1”). Defendant C is an insurer who has concluded an automobile insurance contract with respect to F Vehicle (hereinafter “Defendant 2 Vehicle”).

B. On March 4, 2018, at around 08:10, the Plaintiff’s vehicle runs along the two lanes in front of the I Hospital located in Suwon-gu, Busan, but was changed to the first lane, and the two-lanes conflict with Defendant 2, who already driven the first lane. due to the shock, the Plaintiff’s vehicle conflict with Defendant 1, which had the two-lanes prior to the other, and the two-lane conflict with Defendant 2, Defendant 1, who was mast in front of the other one (hereinafter “victim”).

(hereinafter “instant accident”). The instant accident K, damage, etc. of the Plaintiff’s passenger on the Dong of the instant vehicle.

arrow