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(영문) 서울중앙지방법원 2018.07.16 2017나84114
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

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

B. On December 31, 2016, around 17:07, the Plaintiff’s vehicle stopped at a point where a two-lane road, which is the one-lane adjacent to the ingular valley, is located in the way to left, while making a signal signal at the point where the two-lanes are located in the way to turn to the left. However, while Defendant’s vehicle proceeding behind the Plaintiff’s vehicle, after going through the safety zone from the front point of the Plaintiff’s ticket, the Plaintiff’s vehicle contacted the lower part of the Plaintiff’s vehicle on the left side of the Plaintiff’s vehicle while passing the Plaintiff’s vehicle, after going through the safety zone from the front point of the Plaintiff’s vehicle.

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

The repair cost of the Plaintiff’s vehicle due to the instant accident is KRW 1,672,00. On January 17, 2017, the Plaintiff paid KRW 1,338,000 (= KRW 1,672,000 - 334,000) remaining after subtracting the Plaintiff’s self-paid share of KRW 334,00 among the repair cost as of January 17, 2017.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 through 7 (including branch numbers, if any) and the purport of whole pleadings

2. According to the facts of the judgment on the cause of the claim, the defendant's vehicle committed the accident in this case while overtaking the plaintiff's vehicle which was parked. The liability for the accident in this case lies entirely on the defendant's vehicle. Accordingly, the defendant is obliged to pay to the plaintiff the insurance proceeds of KRW 1,338,000 paid by the plaintiff with the indemnity amount of KRW 1,38,00, and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from January 18, 2017 to July 17, 2017, the delivery date of the copy of the complaint in this case, and from the next day to the day of full payment, 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

3. The defendant.

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