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(영문) 서울중앙지방법원 2019.01.24 2018나35881
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 2,431,544 and its amount on August 27, 2016.

Reasons

1. Basic facts

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

B. At around 19:02 on March 11, 2016, at the vicinity of the upstream line of the NFnap vehicle running ahead of the NFnap vehicle (hereinafter “motor vehicle accident”), the vehicle behind the NFnap vehicle was stopped by shocking the rear part of the NFnap vehicle, and the vehicle behind the vehicle (E) where the vehicle behind the vehicle was stopped without shock, but the vehicle behind the vehicle was stopped by shocking the rear part of the string vehicle (hereinafter “the first accident”), following the vehicle behind the vehicle (hereinafter “the vehicle”), the vehicle of the Defendant, which was proceeding following the vehicle of the vehicle of the Plaintiff, was pushed the rear part of the vehicle of the Plaintiff (hereinafter “the second accident”).

On July 18, 2016, the Plaintiff paid the insurance proceeds of KRW 14,644,540 at the repair cost for the front portion of the Plaintiff’s vehicle. On August 26, 2016, the Defendant paid the insurance proceeds of KRW 26,248,00 at the repair cost for the rear portion of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 1, or the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The front part of the plaintiff's vehicle was destroyed due to the plaintiff's first accident. The strong shock of the second accident increased the damage incurred to the plaintiff's front part of the vehicle, and the contribution of the defendant's vehicle was 70%. Thus, the defendant is obligated to pay the plaintiff the insurance money paid to the plaintiff at the repair cost of the plaintiff's front part of the 14,644,540 won, which corresponds to 10,251,178 won and the delay damages for this amount. 2) The defendant's assertion is not obligated to pay the repair cost for the front part of the plaintiff's vehicle, even if it is obligated to pay some repair cost.

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