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(영문) 서울중앙지방법원 2020.10.29 2020나21373 (1)
구상금
Text

The part against the defendant exceeding the amount ordered to be paid under the judgment of the first instance shall be revoked and that part.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to C vehicles (hereinafter “Plaintiffs”). The Defendant is a mutual aid business entity who entered into an automobile mutual aid contract with respect to D vehicles (hereinafter “Defendant vehicles”).

B. On November 22, 2018, around 16:02, the Plaintiff’s vehicle driven along a two-lane road in the e-vehicle, Suwon-dong, Suwon-dong, the Highway and the Road of the Road of the Road of the Road of the Road (hereinafter “instant road”) on the one-lane road, and changed the course to the two-lane, and the Plaintiff’s vehicle shocked the part front of the Plaintiff’s right side of the E-vehicle (hereinafter “victim”) traveling along the two-lane road.

(hereinafter “instant primary accident”). C.

Plaintiff

After the instant accident, the vehicle and the damaged vehicle stopped on the two-lanes of the instant road in the order of the Plaintiff’s vehicle and the damaged vehicle. However, the Defendant’s vehicle driving along the two-lanes found the damaged vehicle late, but did not reach the two-lanes to the one-lanes, and did not shock the left side of the damaged vehicle.

(hereinafter “instant secondary accident”). D.

By December 24, 2018, the Plaintiff paid KRW 29,191,940 [the Plaintiff paid KRW 300,000,00 of the rental fee of KRW 3,058,940 of the rental fee of KRW 25,80,00 of the unpaid repair cost of the damaged vehicle (the amount included in value-added tax) for the repair cost, etc. of the damaged vehicle due to the instant accident [the Plaintiff paid KRW 300,00 of the cost for requesting public notice of KRW 33,00 of the cost for requesting public notice of KRW 30

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 2, 4 and 5, and the purport of the whole pleadings

2. Determination

A. The following facts and circumstances acknowledged by comprehensively taking account of the facts of recognition of the damages inflicted on the damaged vehicle due to the instant accident and the second accident, and the purport of the entire arguments in the evidence as seen earlier, namely, the damaged vehicle, after shocking the left part by the Plaintiff’s vehicle, has reconcept down the left part by the Defendant vehicle. The above part of the left back part by the Defendant vehicle.

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