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(영문) 서울중앙지방법원 2016.11.11 2016나42236
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into each automobile insurance contract with respect to the A K7 vehicle (hereinafter “Plaintiff”), with respect to the BM3 vehicle (hereinafter “Defendant vehicle”).

B. On February 15, 2016, around 09:04, the Plaintiff vehicle moved to the right alley on the three-lane road located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, and the Defendant vehicle was trying to enter as prescribed by the said alley section. The left upper part of the Plaintiff vehicle and the front part of the Defendant vehicle’s seat were facing each other.

(hereinafter “instant accident”). C.

On March 21, 2016, the Plaintiff paid KRW 815,600 as insurance money with respect to the instant accident.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 through 3, and the purport of whole pleadings and arguments

2. The parties' assertion;

A. The Plaintiff’s alleged vehicle found the Defendant’s vehicle while on the right right right time and stopped immediately, but the Defendant’s vehicle neglected to perform its duty on the right time at the right time and went beyond the Defendant’s central line, thereby shocking the Plaintiff’s vehicle. The instant accident took place entirely due to the negligence of the Defendant’s driver.

Therefore, the Defendant, the insurer of the Plaintiff’s vehicle, is obligated to pay KRW 815,600 and delay damages equivalent to the insurance proceeds to the Plaintiff who acquired by subrogation the damages claim of the Plaintiff’s driver.

B. The Defendant’s assertion that the instant accident occurred entirely due to the negligence of the driver of the Plaintiff vehicle.

3. Determination

A. Examining the situation of the suspension of the Plaintiff’s vehicle and the Defendant’s vehicle, and the parts of the collision between the two vehicles immediately after the instant accident, the instant accident was committed by the negligence of the Defendant vehicle, which went beyond the center right part of the road, while neglecting the duty of the front line, while neglecting the duty of the front line, was committed in parallel with the negligence of the Plaintiff vehicle, which was going beyond the center right part of the road. The fault ratio of the Defendant vehicle.

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