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(영문) 서울중앙지방법원 2018.05.23 2017나82507
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Basic Facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A’s passenger vehicle (hereinafter “Plaintiff’s vehicle”). The Defendant is a mutual aid business entity who entered into an automobile mutual aid agreement with respect to B-si vehicles (hereinafter “Defendant”).

B. On January 7, 2017, at around 06:50, the Defendant’s vehicle: (a) went beyond the median line indicated in the Uton section from among four lanes in U.S., U.S.-si, U.S., U.S., one location of U.S. car, and (b) went back to the right side of the Defendant’s vehicle, the front side of the Plaintiff’s vehicle, who was directly engaged in under U.S., U.S.-si, U.S., U.S., in the two lanes from the two-lanes of the opposite part,

(hereinafter “instant accident”). C.

On February 1, 2017, the Plaintiff paid insurance money equivalent to KRW 12,712,980 for the repair cost of Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, 8, Eul evidence Nos. 1 (including branches number in case of additional evidence) and video, and inquiry results on the old chief of the police station of the court of first instance to the court of first instance, the parties' assertion to the purport of the whole pleadings.

A. The Defendant’s vehicle, while making a left-hand turn on the U.S. lane, was shocked the Plaintiff’s vehicle that was ordinarily straight.

Even if the Defendant’s vehicle was in U.S., the Defendant’s vehicle did not fulfill the duty of care to observe while U.S., and the instant accident was an inevitable accident that could not be physically avoided as the Plaintiff’s vehicle.

Therefore, the instant accident occurred from the total negligence of Defendant vehicle, and the Defendant is obliged to pay the Plaintiff the full amount of the insurance proceeds paid by the Plaintiff with the indemnity amount of KRW 12,712,980, and damages for delay.

B. Defendant vehicles did not make a left-hand turn on the U.S. lane, but did not make a normal U.S. driver, and Plaintiff vehicle driver was fully aware of the U.S. driver, but did not perform the duty to prevent accidents.

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