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(영문) 서울남부지방법원 2016.04.29 2015나59738
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On January 14, 2015, around 13:54, the Plaintiff’s driver driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle to the exit from the right side of the exit to the underground parking lot of 201-dong, Guro-gu, Guro-gu, Seoul (hereinafter “instant parking lot”), and the Defendant’s vehicle and the Plaintiff’s vehicle faced with the exit from the port side of the right side of the exit (hereinafter “instant accident”).

C. On January 16, 2015, the Plaintiff paid KRW 640,000 for medical expenses and the amount agreed upon to the winners of the Plaintiff’s vehicle C, who suffered injury due to the instant accident. On January 23, 2015, the Plaintiff paid KRW 997,700 for the total amount of KRW 357,700 for the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 1 through 7, and the purport of the whole pleadings

2. In light of the above facts and the above evidence, it is reasonable to view that the accident of this case was caused by the negligence of both the plaintiff and the defendant's driver who tried to move to another road without carefully examining whether there was a vehicle entering the other road in passing to the intersection in the instant parking lot, and the progress of the vehicle, etc., and that the accident of this case was caused by the negligence of both the plaintiff and the defendant's driver who tried to move to the intersection at the same time. In light of the circumstance of the above accident, the vehicle and the defendant entered the intersection almost at the same time, the form and width of the road inside the instant parking lot, and the location of each vehicle at the time of the accident of this case and the collision level, etc., it is reasonable to view that the negligence ratio of the plaintiff

Therefore, the Defendant paid the Plaintiff, the insurer of the Plaintiff, to the Plaintiff due to the instant accident.

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