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(영문) 서울중앙지방법원 2018.01.29 2017나47757
구상금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Facts of recognition;

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

B. The background leading up to the occurrence of the accident 1) The Defendant’s vehicle was proceeding along the two lanes of the fourth line road in the Gangnam-dong, Yongsan-gu (hereinafter “the instant accident”). However, the Defendant’s vehicle did not avoid the Plaintiff’s vehicle moving ahead of the Defendant’s vehicle from the third line to the second line, and did not change the vehicle from the third line to the second line, and the front part of the Defendant’s vehicle shocked the part behind the left side of the Plaintiff’s vehicle (hereinafter “the instant accident”).

section 1.

2) As a result of the instant accident, the Plaintiff’s vehicle driver C, the Defendant’s passenger passenger D was injured, and the Plaintiff’s vehicle was destroyed.

C. According to the instant accident, the Plaintiff paid KRW 2,420,590 (including 1,730,590, and 690,000, including future medical expenses) to the said C from June 24, 2016 to September 8, 2016, and paid KRW 2,046,750 as the repair cost for the Plaintiff’s vehicle from July 7, 2016 to July 27, 2016, and KRW 180,000 as the repair cost for the Plaintiff’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 6, Eul evidence 1 to 5, video (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the Defendant vehicle’s negligence, which caused the Defendant vehicle’s driver’s breach of the duty of the front-way driver, around the time the Plaintiff’s vehicle completes the change of the running lane, and thus, the Defendant vehicle’s liability ratio is more

According to the proviso of Article 3(1)2 of the Enforcement Decree of the Guarantee of Automobile Accident Compensation Act, the Defendant paid insurance proceeds to the Plaintiff, and KRW 2,006,590, which is the full amount of medical expenses for C, KRW 1,730,590.

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