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(영문) 서울중앙지방법원 2020.08.20 2019나63289
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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 the Plaintiff for C-Vehicles (hereinafter “Plaintiffs”). The Defendant is the insurer who has concluded each automobile insurance contract with the Defendant for the large cargo vehicle for D's selective distribution (hereinafter “Defendant vehicles”).

B. Around 06:45 on Nov. 29, 2018, the Defendant’s vehicle (hereinafter “the first accident”) driven the front part of the Defendant’s vehicle (hereinafter “the front part”) in front of the left part while the Plaintiff’s vehicle entering the front side of the Defendant’s vehicle (hereinafter “the Defendant vehicle”) is driving along one-lane from the air storage room of the airbnding area of the airbnd in the airbnding area of the airbnding area of the airbnding from the airbnding area of the airbnding area of the airbnding into the front part of the Defendant vehicle (hereinafter “the Defendant vehicle”), and immediately after that, in order to remove the Defendant vehicle from the Defendant’s first accident, 1 meters high, 1 meters high in order to remove the Defendant vehicle (hereinafter “the second accident”), and shocked the F vehicle behind the Defendant’s vehicle (hereinafter “the Defendant vehicle’s front part”).

The third accident is called ‘the third accident'.

(c) On December 28, 2018, the Plaintiff paid KRW 16 million to the Plaintiff vehicle insured on the part of the Plaintiff on December 28, 2018. [Grounds for recognition] fact that there is no dispute, Gap evidence 1 through 10, Eul evidence 1 through 5 (each entry or video, including a serial number, and the purport of the whole pleadings.

2. The third accident of the Plaintiff’s assertion occurred due to the negligence of 100% of the driver of the Defendant’s vehicle, and the Plaintiff paid the insured of the Plaintiff’s vehicle KRW 16 million insurance proceeds due to the third accident.

(The repair cost of the Plaintiff’s vehicle due to the primary accident is limited to KRW 51,870,000,000,000,000 won for insurance proceeds, and the damages incurred to the Plaintiff’s vehicle due to the third accident. Therefore, the Defendant shall pay the Plaintiff the indemnity amount of KRW 16 million and the damages incurred therefrom to the Plaintiff, who subrogated the Plaintiff’s right to claim damages pursuant to Article 682 of the Commercial Act.

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