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(영문) 서울중앙지방법원 2019.11.27 2019나31084 (1)
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

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

B. On May 24, 2018, around 07:10, the Defendant’s vehicle conflict with the Plaintiff’s vehicle, which entered five lanes from the fourth lane to the five lanes in the signal atmosphere of Dongjak-gu Seoul Metropolitan Government (hereinafter “instant road”). Around May 24, 2018, the Defendant’s vehicle entered the five lanes from the fourth lane to the five lanes in the signal atmosphere.

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

The plaintiff's vehicle was destroyed by the accident of this case, and the defendant's vehicle was damaged by the right-hand panion.

On May 31, 2018, the Plaintiff paid KRW 887,000 as insurance money, deducting KRW 200,000 of the Plaintiff’s self-charges from the repair cost of the Plaintiff’s vehicle from KRW 1,087,000.

[Ground for Recognition: Facts without a partial dispute, Gap's statements, Gap's 1, 4 through 7, Eul's 2 through 5 (including branch numbers), and the purport of the whole pleadings]

2. The parties' assertion

A. The purport of the Plaintiff’s assertion was that the instant accident occurred in the course of entering the lane of the Plaintiff’s vehicle in an unreasonable manner. At the time of the instant accident, the Defendant’s vehicle did not turn on the direction direction, etc., as well as the Plaintiff’s vehicle had already gone through the Defendant’s vehicle even though it did not stop, and thus, the Plaintiff’s vehicle could not expect or avoid the entry of the Defendant vehicle.

Therefore, the instant accident occurred due to the total negligence of Defendant vehicle. As the insurer of Defendant vehicle, the Defendant is obligated to pay the Plaintiff, who is the insurer of Plaintiff vehicle, the insurance money of 887,000 won paid by the Plaintiff as the repair cost of Plaintiff vehicle, and damages for delay.

B. The gist of the Defendant’s assertion is at the time of the instant accident.

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