(영문) 서울남부지방법원 2016.05.20 2016나51953

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.05.20 2016나51953

구상금

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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of additional payment shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On October 14, 2015, around 20:00, when the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and proceeded with three-lanes on the roads adjacent to the Lee Jong-dong Hospital in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, the accident occurred that the part on the right side of the Defendant’s vehicle, the front part of the left side of the Plaintiff’s vehicle, and the part that the front part of the driver’s left side of the Plaintiff’s vehicle, faced with the three-lanes. (hereinafter “instant accident”).

C. On October 29, 2015, the Plaintiff paid KRW 552,700 as the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Gap evidence No. 1 to 3, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred between the Defendant’s vehicle and the two-lanes (one and two-lanes) and the two-lanes (three-lanes) as the Olympic Games, and the Defendant’s driver’s fault ratio is 90%. As such, it is reasonable to view that the Defendant, the insurer of the Defendant’s vehicle, should pay to the Plaintiff the Plaintiff the insurance money paid by the Plaintiff, 497,430 won (52,70 won x 0.9) as part of the Defendant’s driver’s fault, which corresponds to the part of the insurance money paid by the Plaintiff due to the instant accident.

B. The Defendant’s assertion that the instant accident occurred when the Plaintiff’s vehicle following the Defendant’s change into a three-lane was completed. As such, the instant accident occurred when the Defendant’s vehicle was driven by using the right vacant space in order to overtake the Defendant’s vehicle, the Defendant’s driver is not at fault and cannot respond to the Plaintiff’s claim.

3. The fact and status of the recognition of a single-speaker.

유사 판례

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