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(영문) 서울중앙지방법원 2017.07.19 2017나6381
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicles (hereinafter “Plaintiffs”). The Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to C vehicles (hereinafter “Defendant vehicles”).

B. On April 20, 2016, the Plaintiff’s Intervenor driven the Plaintiff’s vehicle on April 13:40, and proceeded along the four lanes near the moving intersection as the Dongjak-gu Seoul Metropolitan Government Olympic Winter Games, while the Defendant’s vehicle driving the three lanes from the front side of the Plaintiff’s vehicle to the fourth lane, the Defendant’s vehicle shocked the front side of the Plaintiff’s vehicle with the front front front edge of the Defendant vehicle, and led the Defendant vehicle to drive the Plaintiff’s vehicle from the rear rear side of the Plaintiff’s left side to the front direction.

(hereinafter “instant accident”). On the other hand, the location of the instant accident where the Defendant vehicle attempted to change the vehicle line was a white real line with which the change of the vehicle line is not allowed.

C. On April 28, 2016, the Plaintiff paid KRW 1,217,200 of the insurance money as the repair cost for the Plaintiff’s vehicle.

After that, the Plaintiff filed a claim against the Defendant for deliberation on the instant claim for reimbursement of damages with respect to the instant accident, and on May 26, 2015, concluded an agreement on May 26, 2015, setting the final date for filing an objection as set by June 13, 2016 (hereinafter “instant agreement”).

And the written decision of this case was notified to the plaintiff and the defendant on the same day.

E. On the other hand, on June 14, 2016, the day following the closing date of filing an objection, the Plaintiff submitted to the Deliberation Committee on the Settlement of Claims for Reimbursement a statement of agreed destruction that asserts the negligence of the Plaintiff’s vehicle and destroys the instant agreement.

On August 31, 2016, the Plaintiff filed the instant lawsuit against the Defendant.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 4, below.

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