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(영문) 서울중앙지방법원 2019.07.16 2018나62821
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the Defendant, and the Intervenor joining the Defendant.

Reasons

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. The payment of the insurance proceeds that the Defendant’s vehicle operating in the second round of the two-lane road accidents that the Defendant’s vehicle operating in front of the F in the 19th of June 19, 2017, at the time of 11:40 places of e.g., the insured vehicle (hereinafter “Plaintiff’s vehicle”) in the insurance relation, such as the circumstances of the accident, conflicts with each other by the Defendant’s vehicle driving in front of the two-lane road at the time of e.g., the Plaintiff’s vehicle in the opposite lane (hereinafter “Defendant’s vehicle”), excluding the Plaintiff’s vehicle 1,377,400 won

B. The instant accident in determining negligence is an accident that occurred between the source and the Defendant’s vehicle with a central line.

The plaintiff, while the defendant alleged that the other party's vehicle was invaded by the central line, there is a lack of evidence to prove which vehicle has infringed upon the central line, so the rate of negligence between the plaintiff and the defendant's vehicle shall be the same.

(c) Scope of the Defendant’s claim for reimbursement: 516,700 won = Total amount of damages = 1,721,400 won ¡¿ 50% x self-payment KRW 344,00.

2. The decision of the first instance court at the conclusion is consistent with this conclusion, and the defendant's appeal is without merit.

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