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(영문) 서울중앙지방법원 2021.01.15 2020나46402
구상금
Text

Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. The facts constituting the following facts are either in dispute between the parties or in full view of the purport of the entire pleadings on the evidence or video as set forth in Gap evidence Nos. 1 to 8, and Eul evidence No. 1 to 1:

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”). The Defendant is an insurer who entered into an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”). The Defendant is an insurer who entered into an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. Around November 18, 2018, the Plaintiff’s vehicle entered the intersection of the Dong-gu, Seogdong-dong, Seomun-gu, Seogdong-gu, Seogdong-gu, the front part of which was the left side of the Defendant’s vehicle entering the said intersection as the left side of the direction of its progress (hereinafter “instant accident”). C.

On January 15, 2019, the Plaintiff paid KRW 800,000 as insurance money, excluding KRW 200,000,000, out of the repair cost of the Plaintiff’s vehicle.

2. Existence and scope of the obligation for indemnity.

A. The Plaintiff asserts that the instant accident was caused by the negligence of the Defendant’s driver. However, in full view of the fact that the instant accident was recognized and the overall purport of the arguments duly admitted, the instant accident was caused by the negligence of the Plaintiff’s driver, who did not closely state the traffic situation of other vehicles, and the negligence of the Defendant’s driver, committed the instant accident by entering the revolving intersection and driving the said revolving intersection.

Since it can be sufficiently recognized, the plaintiff's above assertion of immunity is without merit.

In light of the above judgment, the Defendant is liable to compensate for damages equivalent to the above repair cost incurred by the insured of the Plaintiff’s vehicle due to the instant accident. Since the Plaintiff, as the insurer of the Plaintiff’s vehicle, was discharged from its payment obligation by subrogation, barring any special circumstance, it is the Defendant’s insurance company.

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