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(영문) 서울중앙지방법원 2020.09.08 2019나54919
구상금
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

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

B. On November 11, 2018, the Plaintiff’s vehicle is proceeding in three lanes, one of the seven-lanes in Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon, Seo-gu, about 15:20.

In order to make a right-way, the vehicle has continuously changed to the right-hand side, and there was an accident that conflict between the front side of the Defendant vehicle that was driven in the six-lane exclusive lanes prior to the right-hand side of the Plaintiff vehicle and the rear side of the Plaintiff vehicle.

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

According to the instant insurance contract, the Plaintiff paid KRW 213,620, total of KRW 213,620 and KRW 600,00 (including KRW 434,00 in the name of post-treatment expenses) to the owner of the Plaintiff and his passenger, who suffered injury in connection with the instant accident, from November 16, 2018 to December 14, 2018; KRW 813,620; KRW 469,820 from November 16, 208 to December 27, 2018; KRW 1,469,60,000 (including KRW 505,60 in the name of pre-treatment expenses; KRW 1,60,00 in the aggregate of KRW 1,469,820 in the aggregate of KRW 1,60,00 in the Plaintiff’s insurance proceeds, including the Plaintiff’s vehicle driver’s insurance proceeds from KRW 105,010 to December 16, 20198

On November 29, 2018, according to the instant insurance contract, the Plaintiff deducted KRW 322,00 from the self-paid charges, and paid KRW 1,289,280 as the repair cost for the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 5, and 6's statements, the purport of the whole pleadings

2. Determination

(a)the obligation to pay indemnity;

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