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(영문) 서울중앙지방법원 2020.08.21 2019나81751
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. The relevant Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to the Plaintiff’s private taxi (hereinafter “Plaintiff’s vehicle”), including when the Plaintiff refers to a driver, and the Defendant is an insurer that entered into a comprehensive automobile insurance agreement with respect to D vehicles (hereinafter “Defendant”), including when the Plaintiff refers to a driver.

B. On May 29, 2019, the Plaintiff’s vehicle that caused the accident entered the area (hereinafter “the instant accident”) where the front left part of the Defendant’s vehicle, the front left part of the vehicle and the rear part of the vehicle’s right side of the Plaintiff’s vehicle (hereinafter “the instant accident”), along with the description of the attached site, are indicated in the attached Form No. 1 (hereinafter “the instant accident”) while the Plaintiff’s vehicle traveling from the front right part to the rear intersection (the road driven by the Plaintiff’s vehicle) to the rear intersection.

C. On June 7, 2019, the Plaintiff paid KRW 1,733,00 for the repair cost of the Plaintiff’s vehicle due to the instant accident as mutual aid money.

[Ground of recognition] Gap evidence Nos. 1 through 5, 9 (including each number), Eul evidence Nos. 2 through 4, and the purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant accident, at the time of the instant accident, the Plaintiff’s vehicle was driving along the instant main road and passing along the intersection, but it was impossible for the Defendant’s vehicle to avoid the Defendant’s vehicle at a rapid speed to enter the intersection as it is at the rapid speed. As such, the instant accident occurred due to the total negligence of the Defendant’s vehicle.

Therefore, the defendant should pay the repair cost of KRW 1,733,00 paid by the plaintiff to the plaintiff as compensation for damages for delay.

B. On the day immediately before the occurrence of the instant accident, the Plaintiff’s vehicle runs slowly at his front line, and entered the joint line point.

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