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(영문) 서울중앙지방법원 2019.01.18 2018나51685
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 a motor vehicle mutual aid agreement with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has concluded a motor vehicle insurance contract with D (hereinafter “Defendant”).

B. On November 24, 2017, at around 00:15, the Plaintiff’s vehicle passed the intersection of the private distance in the new road in Gangnam-gu Seoul, Gangnam-gu, Seoul and runs along the four-lane road in the front of the E bank into the Hannam-IC bank, and it conflicts with the Defendant’s vehicle driving along the boundary line of the four-lanes and five-lanes.

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

On December 7, 2017, the Plaintiff paid KRW 459,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 5, Gap evidence Nos. 6, 7, Eul evidence No. 2-1, 2, Eul evidence No. 3-1, 2-1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. In full view of the aforementioned arguments, the following circumstances, namely, the Plaintiff’s vehicle continued to run along the four-lanes from before passing through the private road crossing to the point where the instant accident occurred, the Defendant’s vehicle driving along the five-lanes prior to passing through the said intersection, and gradually passing through the intersection, and gradually passing along the four-lanes. Ultimately, it conflicts with the Plaintiff’s vehicle, which is at a speed different from the Defendant’s vehicle, and the Defendant’s direction while changing the lane.

In light of other factors such as shocking parts of the Plaintiff and the Defendant’s vehicle, and the final stop location, the instant accident is due to one-time negligence of the Defendant vehicle driving the vehicle by neglecting the duty of front-down and neglecting the duty of safe driving.

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