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(영문) 서울중앙지방법원 2018.08.22 2018나26665
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

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A6 vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B rocketing vehicles (hereinafter “Defendant vehicles”).

B. On September 22, 2017, the driver of the Plaintiff’s vehicle driving the Plaintiff’s vehicle on September 16:30, 2017, and driving the Plaintiff’s vehicle in the vicinity of Gwangju Seo-gu Minecheon-dong, Seo-gu along the one-lane 5-lane road in the direction of the ebdo 5-lane, the Defendant’s vehicle driving the vehicle along the two-lane road, while driving the vehicle along the two-lane road in the direction of the ebdo 5-lane. However, the Defendant’s vehicle driving

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

On September 29, 2017, the Plaintiff paid the insurance proceeds of KRW 1,811,410 to ASEAN Co., Ltd. at the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2 through 4, Gap evidence 5-1, 2, Gap evidence 6, Eul evidence 2 and 3, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) the accident of this case was caused by shocking the plaintiff's vehicle that had been driving on the two-lanes without turning on the direction light, while changing the vehicle to one lane on the one hand, and the accident of this case occurred by the former negligence of the driver of the defendant vehicle.

However, the Plaintiff paid insurance money of KRW 1,811,410 to the Plaintiff for the repair cost of the instant vehicle due to the instant accident for the Plaintiff’s insured, thereby acquiring the insured’s right to claim damages against the Defendant’s driver by subrogation as prescribed by Article 682 of the Commercial Act.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay to the plaintiff 1,811,410 won with the indemnity and damages for delay.

Sheshed, the Defendant vehicle attempted to change the lanes into one lane, and it is already on the one lane.

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