logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.08.14 2018나79676
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Claim:

Reasons

1. Basic facts

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

B. Around 12:06 on July 26, 2018, the Defendant’s vehicle: (a) entered the right road of the Defendant’s vehicle while making a left-hand turn at the intersection in the outdoor parking lot of the F Hospital located in Songpa-gu Seoul Songpa-gu Seoul (hereinafter “instant intersection”); and (b) conflict with the Plaintiff’s vehicle, who was straightening toward the instant intersection.

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

As a result of the instant accident, the lower part of the lower part of the Plaintiff’s vehicle and the lower part of the fences and fences, and the lower part of the Defendant’s vehicle were damaged.

On July 31, 2018, the Plaintiff paid 88,000 won calculated by deducting 222,00 won of the insured’s self-charges from the total amount of damages 1,110,000 of the Plaintiff’s vehicle as repair cost of the Plaintiff’s vehicle.

【In the absence of a dispute over a part of the grounds for recognition, the entries or images of Gap’s 1 through 5, Eul’s 2 and 3(including the number), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred due to the negligence of the Defendant, since the Plaintiff’s vehicle stopped immediately after finding the left-hand turn of the Defendant vehicle, but the Defendant’s vehicle stopped without stopping and driving it as is, and caused by shocking the Plaintiff vehicle.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay 88,000 won out of the damages of the plaintiff vehicle to the plaintiff as insurance proceeds.

B. At the time of the Defendant’s assertion, the Defendant’s vehicle was in a situation where it was difficult to discover the Plaintiff vehicle due to other vehicles parked in the parking lot, and the negligence of the Plaintiff vehicle, such as the Plaintiff’s vehicle’s delayed discovery and stop at the latest.

arrow