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(영문) 수원지방법원 2021.02.04 2020나74771
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport and purport of the appeal [the purport of the appeal]

Reasons

1. Basic facts

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

B. On September 3, 2018, the Plaintiff’s vehicle stopped on the left side of the above E-road as follows while making a left-hand turn to a high school G road on the road in Ansan-si, an accident that conflicts with the Defendant’s vehicle (hereinafter “the instant accident”).

F H

C. The instant accident occurred in KRW 1,037,299 for the repair cost of the Plaintiff’s vehicle. On September 28, 2018, the Plaintiff paid KRW 830,299, which deducts KRW 207,000 for the repair cost of the Plaintiff’s vehicle.

【Unfounded grounds for recognition】In the absence of a dispute, Gap evidence 1 through 10, Eul evidence 1 through 4 (including various numbers for those with numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s asserted vehicle confirmed that the Defendant’s vehicle was stopped, and made a left-hand turn to the left, and the Defendant’s vehicle left behind the vehicle, and shocked the Plaintiff’s vehicle. Since it is impossible to predict or defend the instant accident, the Plaintiff’s vehicle is entirely responsible for the said accident.

Therefore, the Defendant is obligated to pay the repair cost of the Plaintiff’s vehicle according to the instant accident and the delayed damages therefrom to the Plaintiff who subrogated the damage liability of the said vehicle by paying the insurance proceeds to the Plaintiff.

B. The Defendant’s assertion that the instant vehicle was moving slowly, but the Plaintiff’s vehicle was close to the lower part of the Defendant’s vehicle without discovering the Defendant’s vehicle, and the instant accident occurred, and thus, the Defendant’s unilateral liability for the instant accident was found.

subsection (b) of this section.

3. Determination.

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