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(영문) 서울남부지방법원 2020.01.10 2019나55307
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. As to the Plaintiff C (hereinafter “Plaintiff”), the Defendant is the insurer who concluded each automobile insurance contract with respect to D vehicle (hereinafter “Defendant vehicle”).

B. On March 16, 2018, around 19:55, the Defendant’s vehicle stopped slowly in the Do, where the part of the sub-Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “victims”), and the E- vehicle on which the latter vehicle

However, the driver of the plaintiff vehicle, who was at the right side of the damaged vehicle, has concealed the damaged vehicle into the wind to find the damaged vehicle late, and the damaged vehicle concealed the defendant vehicle.

(hereinafter referred to as “instant accident”). C.

After the instant accident, the Plaintiff paid insurance proceeds of KRW 6,346,640, KRW 6,767,520, and KRW 7,295,00 as the repair cost of the damaged vehicle, KRW 207,95,00 as the repair cost of the damaged vehicle, KRW 224,110, and KRW 3,560,220 as the repair cost of the Plaintiff’s passenger, and KRW 24,401,220 as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1- 14 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion was caused by the wind to stop to turn to the left at a place where the Defendant’s vehicle is prohibited from left the left, and thus, it should be deemed that the negligence of the Defendant’s driver and the negligence of the Plaintiff’s driver conflict with each other.

Therefore, the defendant is liable for damages caused by the accident of this case as the insurer of the defendant vehicle. The defendant's liability ratio is about 50%.

Therefore, the defendant is obligated to pay 12,200,610 won and damages for delay, which are 50% of the insurance money paid by the plaintiff to the plaintiff.

B. According to Article 19(1) of the Road Traffic Act, all vehicles.

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