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(영문) 서울중앙지방법원 2020.11.17 2020나4521
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

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

B. On August 7, 2018, around 14:15, the Plaintiff’s vehicle, who was straighten from the right side of the Defendant vehicle, was in front of the driver’s seat, was in front of the front part of the front part of the Defendant vehicle while the vehicle was straightened by the Defendant vehicle at a private distance near Kimpo-si, Kimpo-si, Kimpo-si.

(hereinafter “instant accident”). C.

From October 1, 2018 to October 26, 2018, the Plaintiff paid insurance proceeds of KRW 2,380,380,380, including medical expenses, to the F who was on board the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 (including additional numbers), Eul evidence 1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. Since the Plaintiff’s alleged driving road on the Plaintiff’s vehicle can be recognized as having priority over the passage of the Plaintiff vehicle on the right-hand side of the Defendant vehicle, the Defendant vehicle’s liability ratio in relation to the instant accident is 65%.

Therefore, the defendant should pay 1,547,247 won (=2,380,380 won x 0.65) and damages for delay paid by the plaintiff to the plaintiff.

B. The following circumstances, i.e., (i) the location of the accident in this case is an intersection without signal, etc., and the road where the original Defendant’s vehicle is in progress is almost the same width and there is no median line, and (ii) the Defendant’s vehicle attempted to enter the intersection in this case first than the Plaintiff’s vehicle, and the Defendant’s vehicle appears to have entered the intersection at a speed lower than that of the Defendant’s vehicle, compared to the fact that the Defendant’s vehicle was somewhat lower than that of the Defendant’s vehicle. (iii) At the time of the accident in this case, at the time of the accident.

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