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(영문) 서울남부지방법원 2020.01.30 2019나54229
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who, as the insured, entered into an automobile insurance contract with respect to the E-Vehicle owned by D (hereinafter “Plaintiff”) that contains a maximum amount of KRW 200 million, 200,000,000, including special terms and conditions such as non-insurance and self-motor vehicle damage security, and the Defendant B Co., Ltd. (hereinafter “Defendant B”) includes personal damage I (liability Insurance) and property damage with respect to the Defendant as the owner of F vehicle (hereinafter “Defendant”) as collateral, as a special terms and conditions, with respect to the Defendant vehicle, the insurer who entered into an automobile insurance contract that includes a limited driving agreement of at least 35 years of age, including a limited driving special agreement with the named insured.

B. On May 4, 2017, around 06:05, the Plaintiff’s vehicle was straighten from the right side to the left side at a private-distance intersection with the short-distance signal light located in 13:49 in Seosan City, Seosan City, 05, and there was an accident of shocking one another within the intersection (hereinafter “instant accident”) while the Defendant’s vehicle was straighten down below, and the Plaintiff suffered from the injury of scin and scinites in need of two weeks’ treatment due to the instant accident.

C. On June 9, 2017, according to the special agreement on collateral security for non-life-free vehicles, the Plaintiff paid D the total of KRW 1,187,490,000 for medical expenses and KRW 1,187,490 for the agreed amount on June 14, 2017. In accordance with the special agreement on collateral security for self-motor vehicle damage, the Plaintiff paid the Plaintiff’s insurance proceeds of KRW 19,635,00 for the repair cost of the Plaintiff’s vehicle (excluding KRW 500,000 for its own share) on June 30, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 12, Eul evidence 1 and 3, the purport of the whole pleadings and arguments

2. Occurrence of and limitation on liability for damages;

A. The Plaintiff’s assertion 1) The place where the instant accident occurred is where the road driven by the Plaintiff’s vehicle is wide in the intersection without signal lights, and thus, the Plaintiff’s priority to the Plaintiff’s vehicle, despite having priority to the vehicle.

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