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(영문) 서울중앙지방법원 2019.09.19 2019나30999
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff equivalent to the amount ordered to be additionally paid shall be revoked.

Reasons

1. Facts of recognition;

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

B. On August 3, 2018, at around 12:05, the Defendant’s vehicle entered a road facing the left turn to the front of the Fmaart located in Daegu Dong-gu, Daegu-gu, into the right edge of the Plaintiff’s vehicle, and the left side of the Plaintiff’s vehicle, who turns one lane, was shocked into the front part of the Defendant’s vehicle’s right side.

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

On August 21, 2018, the Plaintiff paid KRW 4,002,00 for the repair cost of the Plaintiff’s vehicle due to the instant accident (200,000 for self-payment) as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 and the purport of the whole pleadings

2. Judgment on the plaintiff's right to indemnity

A. In full view of the aforementioned facts admitted as negligence ratio and the purport of the entire pleadings, the Defendant vehicle driver appears to have neglected such duty despite the duty to drive safely by closely examining the movement of the Plaintiff vehicle in front, and the vehicle prior to the Plaintiff vehicle was waiting to turn to the left at the time when it passes through the place where the instant accident occurred. In light of the distance with the previous vehicle, the Plaintiff vehicle driver seems to have trusted that the Defendant vehicle would maintain the state of stopping until the vehicle passes through the place where the instant accident occurred, in view of the distance with the previous vehicle and the speed of the proceeding, etc., it appears that it was difficult for the Defendant vehicle driver to expect and prepare to start the vehicle between the moment the Plaintiff vehicle would go through while the vehicle stops due to his neglect of such duty.

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