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(영문) 서울중앙지방법원 2020.11.18 2020나41353
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

B. On June 21, 2019, at around 16:03, the Defendant’s vehicle driven one-way road in the direction of Embridge in the direction of Embridge in the monthly welfare center at the time of Jeju-si on June 21, 2019, and mistakenly entered one-way road from the opposite direction to one-way road, leading to the left side of the Plaintiff’s vehicle parked into the left side of the left side of the Defendant’s vehicle.

(hereinafter “instant accident”). C.

On July 11, 2019, the Plaintiff paid 502,000 won, deducting 200,000 won from the repair cost of the Plaintiff’s vehicle due to the instant accident, as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred, although the Plaintiff’s vehicle entered the opposite direction to the one-way road, it was prepared for the Plaintiff’s vehicle to stop immediately, but the Defendant’s vehicle failed to wait for it, but was in a narrow space on the left side of the Plaintiff’s vehicle, and the instant accident occurred.

Therefore, the instant accident occurred due to the unilateral negligence of the Defendant vehicle, and even if the Plaintiff’s vehicle was negligent in entering the one-way road, there is no proximate causal relation with the instant accident.

Therefore, the Defendant, the mutual aid business entity of the Defendant, is obligated to pay the Plaintiff, the insurer of the Plaintiff’s vehicle, the insurance money of KRW 502,00,000 paid by the Plaintiff as repair cost of the Plaintiff’s vehicle

B. (1) The following can be recognized by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings in the facts acknowledged prior to the ratio of negligence.

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