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(영문) 서울중앙지방법원 2019.10.29 2019나29456
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 the owner of C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with the owner of D Vehicle (hereinafter “Defendant Vehicle”).

B. On July 16, 2018, the Plaintiff’s vehicle was driving along the backway near the F Bank located in Ansan-si E, Ansan-si. However, the Defendant’s vehicle stopping on the left side of the Plaintiff’s vehicle, starting from which the Defendant’s vehicle stopped the front part of the right-hand part of the front part of the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident.” Specific vehicle shock situation is the same as a photographic paper.

On January 21, 2019 as a result of the deliberation of the committee for deliberation on the dispute over reimbursement of automobile insurance, the Plaintiff rendered a decision that the Plaintiff’s negligence was 20%, and that the Defendant’s negligence was 80%. Accordingly, the Plaintiff paid KRW 342,00 to the Defendant on February 8, 2019.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 7 (including those with additional numbers), Eul 1, the purport of the whole pleadings

2. The Plaintiff’s assertion is due to the total negligence of the Defendant’s driver, and the Defendant shall return KRW 342,00,000 paid to the Plaintiff according to the deliberation of the committee for deliberation of the disputes over indemnity.

3. In light of the overall circumstances at the time of the instant accident, such as the width of the side road of this case, the shock level of each vehicle, the degree of shock, and the shock location, which can be known based on the facts acknowledged prior to the determination, it is reasonable to view that the ratio of the Plaintiff’s liability for the instant accident, such as the determination by the committee for deliberation on indemnity disputes, is 2

Therefore, the plaintiff's assertion is without merit.

4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed.

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