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(영문) 서울중앙지방법원 2018.02.14 2017나73213
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with A with respect to the Category B New Car (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into an automobile insurance contract with respect to the Category Cenz vehicle (hereinafter “Defendant vehicle”).

B. On February 2, 2017, the driver of the Defendant’s vehicle driving the Defendant vehicle and driving it along the three lanes near the bachelor’s distance located in Dobong-gu Seoul Metropolitan Area along the three-lanes of the four-lane road in the vicinity of the bachelor’s degree road located in Dobong-gu, Seoul, and the two-lanes in the front side of the Defendant’s vehicle running along the two-lane line between the two-lanes depending on the same direction and the two-lanes in the front side of the Plaintiff’s vehicle driving.

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

As a result of the instant accident, the Plaintiff paid KRW 423,020,020 to D Industrial Company, etc. during the period from March 24, 2017 to March 29, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6, Gap evidence Nos. 2, 4 and 5, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party’s assertion (i) the instant accident is one of the two-lanes for the Plaintiff’s vehicle to be driven along the two-lanes, and the Defendant’s vehicle, which was driven along the three-lanes for the same direction, was the occurrence of the Defendant’s vehicle seeking the replacement of the two-lane vehicle. As a driver of the Plaintiff’s vehicle, A could not anticipate the progress of the Defendant’s vehicle.

Therefore, the accident of this case occurred by the unilateral negligence of the driver of the defendant vehicle, and the defendant, the insurer of the defendant vehicle, is liable for damages caused by the accident of this case to A, and the plaintiff paid the insurance money of KRW 423,020 to A due to the repair cost of the plaintiff vehicle caused by the accident of this case for A, thereby acquiring the right to claim damages against A by subrogation of the insurer under Article 682 of the Commercial Act.

Therefore, the defendant.

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