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(영문) 서울중앙지방법원 2020.11.17 2020나15989
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a motor vehicle insurance contract with D (hereinafter “Defendant”) with respect to the vehicle C (hereinafter “Plaintiff”).

B. On July 28, 2019, around 14:02, around the 14:02:02, the Plaintiff’s vehicle driving along a two-lane road in one-lane, and there was an accident of collision with the Defendant’s vehicle, which had changed the course from the right parallel to the said one-lane (hereinafter “instant accident”).

C. On August 2, 2019, the Plaintiff paid the remainder of KRW 1,173,000 as insurance money, excluding KRW 200,000,000, out of the total amount of the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 4, 5, Eul evidence 1 and the purport of the whole pleadings

2. The evidence as seen earlier, in light of the circumstances such as the background of the instant accident, degree of shock and shock, road condition, etc., which can be known by video at the time of the instant accident, the driver’s fault ratio of the Plaintiff and the Defendant’s vehicle in the instant accident is 20%:80% (it seems that the negligence of the Defendant’s driver, who has changed his course, appears to be greater than that of the Defendant’s driver, but it cannot be said that the negligence of the Plaintiff’s driver, who had seen or could have seen, sent or could have seen, in the situation where many vehicles were parked in the two-lanes of the instant accident from the point where the instant accident occurred, and the negligence of the Plaintiff’s driver, who had been parked in the two-lanes of the said two-lane road, is also limited to the Plaintiff’s reimbursement amount of KRW 898,400 [1,373,000, 200, 200, 200, 200.

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