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(영문) 서울중앙지방법원 2019.12.24 2019나54148
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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the Plaintiff’s Intervenor and the Plaintiff’s D vehicle (hereinafter “Plaintiff’s vehicle”) and the Defendant is the insurer who has concluded the automobile insurance contract with the owner of the vehicle E (hereinafter “Defendant”).

B. On December 21, 2018, the Defendant’s vehicle entered the same lane as the main line on the left-hand side of the road near the Hannam-dong, Yongsan-gu, Seoul on December 21, 2018, and turned down the front part of the Plaintiff’s driver’s seat who was driving on the main line as the front part of the main line.

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

On February 26, 2019, the Plaintiff paid 783,400 won (excluding 200,000 won) of the insurance money equivalent to the repair cost of the Plaintiff’s vehicle due to the instant accident to the repair business entity of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 8, purport of the whole pleadings

2. In full view of the following circumstances: (a) the driver of the Plaintiff’s vehicle has a duty of care to verify whether the Plaintiff’s vehicle has a van at a string point; (b) the Plaintiff’s driver has a duty of care to verify whether the vehicle was a string point; (c) the Plaintiff’s driver operates the vehicle directly without speed, although the vehicle was sufficiently able to verify the Defendant’s vehicle to be combined on the left-hand side of the front-hand side; (d) although the string section of the vehicle appears near the string section, the vehicle’s string section is considerably short; (e) there is a crosswalk after the string section, and there is a crosswalk next to the string section; and (e) it is reasonable to see that there is negligence on the side of the Plaintiff’s vehicle in the instant accident, and that the 20% rate of negligence is 80% Defendant.

Therefore, the defendant shall pay insurance money equivalent to the cost of repairing the plaintiff's vehicle due to the accident of this case, and the plaintiff who acquired the right to claim damages by subrogation.

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