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(영문) 서울남부지방법원 2020.04.09 2019나59620
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

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

B. At around 14:10 on February 6, 2019, the previous vehicle driven along the two-lanes in the 2nd line of the Jeju Jeju Jeju Jeju Jeju Jeju High Road, which was located in the second line of the said road, was parked in the signal atmosphere, and the Defendant vehicle, which was changed to the two-lanes of the said road, turned down the part of the driver’s seat behind the driver’s seat of the Plaintiff vehicle, which was going into the two-lanes of the said road (hereinafter “instant accident”).

C. On February 20, 2019, the Plaintiff paid the insurance proceeds of KRW 2,155,600, excluding KRW 200,000 as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 10, Eul evidence 1 or video, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The instant accident occurred due to the negligence of the Plaintiff’s vehicle’s driver’s negligence and the negligence of the Plaintiff’s vehicle at least 40%, which is the insurance money that the Plaintiff paid to the Plaintiff, 2,155,600 won, and damages for delay. 2) The instant accident occurred due to the negligence of the Plaintiff’s vehicle’s fault, such as disregarding the sign of a mastm indication informing the Plaintiff of the crosswalk on the front section.

B. The judgment is based on the following circumstances, namely, the Plaintiff’s vehicle, at the time of the instant accident, was a normal direct driving, and the Defendant’s vehicle is two-lanes.

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