(영문) 서울남부지방법원 2019.05.02 2018나64472

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.05.02 2018나64472

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 an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. At around 18:45 on January 29, 2018, the Defendant’s vehicle shocked the part on the right side of the Plaintiff’s vehicle located in the direction of the F Hospital in the educational direction from the educational direction to the intersection with no signal signal lights of 386, Dong-gu, Daegu Northern-do, Daegu-do, to the front part of the Defendant’s vehicle.

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

On March 22, 2018, the Plaintiff paid KRW 26,208,00 (excluding self-paid KRW 500,000) as insurance money.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 9 and the purport of the whole pleadings

2. In full view of the following circumstances, taking into account the fact of the judgment as to the cause of the claim and the overall purport of the arguments presented earlier, i.e., the Plaintiff’s vehicle’s fault and the Defendant’s fault were deemed to have entered the intersection, and the Defendant’s vehicle appears to have been proceeding at a speed exceeding 30 km/h at a limited speed, and the Defendant’s vehicle appears to have been proceeding at a speed above the Defendant’s road’s speed, and the vehicle’s width is not considerably larger than that of the Defendant’s vehicle. In light of the location of the Plaintiff’s vehicle’s stopping, the Plaintiff’s vehicle cannot be deemed to have priority. In light of the Plaintiff’s vehicle’s parking location, the accident in this case is deemed to have been proceeding at a considerable speed without accelerating the Plaintiff’s vehicle’s intersection and the Defendant’s fault, and it is reasonable to view the error ratio as the Plaintiff’s vehicle and the Defendant’s vehicle’s 60%.

Therefore, among the insurance money paid by the plaintiff, the defendant amounting to 15,724,800 won (=26,208,000 won x 60%) and insurance money.

유사 판례

-서울중앙지방법원 2017.11.16 2017나45331

-서울중앙지방법원 2020.09.09 2020나9380

-서울중앙지방법원 2021.04.20 2020나46198

-서울중앙지방법원 2019.10.02 2019나30814

-서울남부지방법원 2020.05.14 2019나63506