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(영문) 서울중앙지방법원 2019.07.24 2018나75490
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

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

B. On January 29, 2018, at around 14:46, the Defendant’s vehicle departed from a bus stops located in two lanes (hereinafter “instant road”) in front of the F Bank located in Incheon Strengthening-gun, Incheon (hereinafter “instant road”), and driven slowly and slowly from the two-lanes of the instant road.

C. On the first lane of the instant road, the Plaintiff’s vehicle used the front course of the Defendant’s vehicle running along the two-lanes, following the Defendant’s vehicle running ahead of the instant road, and attempted to change the course. The Defendant’s vehicle, which discovered it, was rapidly stopped, and was sustained as part of the passengers of the Defendant’s vehicle in the process.

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

The plaintiff from April 12, 2018 to the same year.

5. Until August 18, 198, insurance money was paid in total of KRW 12,829,920 under the name of the victims of the instant accident.

[Ground of recognition] The fact that there has been no dispute, each entry or video of Gap's evidence Nos. 1 through 3, and the purport of whole pleading

2. The parties' assertion

A. As the Plaintiff’s vehicle driver clearly neglected the duty of front-time care and failed to recognize the change of the course of the Plaintiff’s vehicle, the occurrence of the instant accident, the fault ratio of the Defendant vehicle is 30%.

Therefore, the Defendant, the owner of the Defendant’s vehicle, is obligated to pay the Plaintiff the indemnity amount of KRW 3,848,976 ( KRW 12,829,920 x 30%) and damages for delay in accordance with the rate of negligence on the part of the Plaintiff who paid insurance money due to the instant accident.

B. The Defendant’s assertion that the instant accident occurred due to an inevitable stop in order to prevent the accident by the Defendant’s vehicle in the course of seeking a change of course in front of the Plaintiff’s own Defendant vehicle.

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