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(영문) 서울중앙지방법원 2020.07.22 2019나71235
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

1..

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. On May 18, 2019, around 09:15, the Plaintiff’s vehicle conflict with the Defendant’s vehicle, which was moving back from the 4th to 3rd floor of the underground parking lot of the building in Seongbuk-nam, and turned left left at the distance within the parking lot.

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

The driver of the Plaintiff’s vehicle was diagnosed as the knee and knee, knee and knee, and tension of the light knife, etc. due to the instant accident, and was hospitalized for six days from May 21, 2019 to May 26, 2019, and was hospitalized for six days from May 27, 2019 to June 8, 2019.

On June 20, 2019, the Plaintiff paid the Plaintiff’s driver KRW 5,219,040 in the aggregate of KRW 2,136,490 as agreed money and medical expenses, and KRW 3,112,40 as repair expenses for the Plaintiff’s vehicle (excluding KRW 500,000 as own shares).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6, the purport of the whole pleadings

2. Determination

A. The instant accident occurred due to the primary negligence of the Defendant vehicle that made a left turn at an underground parking lot in violation of the surface indication.

However, it is reasonable to view that the negligence ratio of the plaintiff vehicle and the defendant vehicle is 2:8 when entering the underground parking lot where the lane is narrow and the view of the vehicle is not easy.

B. As to the plaintiff's claim for indemnity within the scope of indemnity, the defendant asserts that since the amount of 1,231,50 won for future treatment allowance is calculated without any ground from among the agreed amount paid to the driver of the plaintiff's vehicle, the claim for indemnity is unreasonable.

The plaintiff is the driver of the plaintiff vehicle with the agreed fee and treatment fee 2,136.

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