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(영문) 제주지방법원 2020.04.28 2019나13100
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with the D-Wnd Automobiles owned by C (hereinafter “Plaintiff-Wed Vehicles”), and the Defendant is a mutual aid insurer who has concluded a siren mutual aid contract with the EM5 Motor Vehicles (hereinafter “Defendant-Wed Vehicles”).

On February 17, 2018, the crossing of the National Insurance Corporation in front of the Seopo-dong, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 09:40, the Plaintiff’s vehicle proceeds directly from the 3-lane of the F hotel room in the front of Seopo-si, Seopo-si, and the Defendant’s vehicle proceeds directly from the 2-lane of the F hotel room in the front of Seopo-si, Seopo-si, Seopo-si, the collision between the front part of the Plaintiff’s vehicle and the back part of the Defendant’s vehicle (hereinafter “instant accident”).

Part of the collision, the attitude of the collision, and the point of the collision are as shown in the drawings of the brief annexed hereto.

On March 5, 2018, the Plaintiff paid KRW 2,430,000 insurance money to C at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entries or images of Gap evidence 1 to 8, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the Defendant vehicle driver has a duty of care to safely pass through the intersection by examining the movement of the front and left and right-hand vehicles, but the instant accident occurred by the Defendant vehicle driver’s access to the intersection in a unreasonable manner, and both vehicles entered the intersection, and the Plaintiff’s vehicle falls under the right-hand vehicle, and thus, the Defendant vehicle driver’s fault ratio in relation to the occurrence of the instant accident should be 60%.

Therefore, the defendant, who is the insurer of the defendant vehicle, should pay to the plaintiff the above insurance amount of KRW 1,458,000 equivalent to 60% of the above insurance amount of KRW 2,430,000 paid to the plaintiff as compensation.

3. The driver of any motor vehicle who intends to drive the motor vehicle into the intersection in which traffic is not controlled by the relevant legal principles.

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