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(영문) 춘천지방법원 강릉지원 2018.06.19 2017나32203
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On August 22, 2017, at around 16:15, the Plaintiff’s vehicle was in progress one-lane of the Yanyang-gun, Yangyang-gun, Yangyang-do 29-1-1 road located in Yangyang-gun, Yangyang-gun, Yangyang-do, and, as indicated in the attached Table, the part of the Defendant’s vehicle, which was directly adjacent to the left side of the Defendant’s vehicle, where the central line was not indicated as the intersection from the Gu Do 1 to the Gu Ycheon-do Do 1-1 road (hereinafter “instant intersection”), was shocked by the Mori-ri portion in front of the driving seat of the Plaintiff’s vehicle, as in the attached Form.

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

On September 4, 2017, the Plaintiff paid insurance proceeds of KRW 524,610 at the cost of repairing the Plaintiff’s vehicle.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3 evidence, Eul's 2 through 4 (including Serial number), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion that the instant accident occurred due to the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle drivers, who did not yield and safely drive each other at the point of the instant intersection without the center line display and signal. Considering the location where the Plaintiff’s vehicle was finally stopped after the shock and the distance moving, the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle is 50%, respectively.

Therefore, the defendant is obligated to pay 262,300 won and damages for delay, which are 50% of the insurance money paid by the plaintiff to the plaintiff pursuant to Article 682 of the Commercial Act.

B. The Defendant’s assertion that the instant accident occurred by the Plaintiff’s vehicle going beyond the center line on a virtual side and going straight from the old Yan Riverside, and the Defendant’s vehicle that is normally entering the instant intersection through the instant intersection.

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