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(영문) 서울중앙지방법원 2015.09.04 2015나68
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the vehicle A (hereinafter the plaintiff vehicle), and the defendant is an insurer who has concluded each automobile insurance contract with respect to the vehicle B (hereinafter the defendant vehicle).

B. On May 12, 2014, while driving the Plaintiff’s vehicle and making the left turn at the one-lane of the intersection of the terminal company distance in Ansan-si, the Defendant’s vehicle that was left left at the two-lanes on the right side of the Plaintiff’s vehicle changed to the one-lane after the passage of the intersection, and the two-lanes on the right side of the Plaintiff’s vehicle came to contact with the Plaintiff’s left part of the front part of the front part on the left side of the Defendant’s vehicle.

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

On June 9, 2014, the Plaintiff paid KRW 929,250 as insurance money for the repair cost of Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry or video of Gap's evidence 1 to 5, purport of whole pleading

2. Determination

A. According to the above recognition of the cause of the claim, it is reasonable to deem that the accident in this case occurred by the whole negligence of the defendant's driver who shocked the plaintiff's vehicle in normal left-hand turn after changing the lane after changing the intersection, which is a intersection prohibited from changing the lane. Therefore, the defendant is obliged to pay the full amount of the insurance money paid by the plaintiff to the plaintiff as the amount of indemnity,

B. As to the judgment of the defendant's assertion, the defendant asserts that since D as the owner of the defendant's vehicle caused the accident of this case intentionally in collusion with E in order to obtain insurance proceeds, the defendant cannot comply with the plaintiff's claim since it was exempted from the duty to pay insurance proceeds due to the accident of this case in accordance with the terms and conditions of the personal automobile insurance contract which is the contents of the comprehensive automobile

When the whole purport of the pleadings is added to the statements in the evidence Nos. 4 to 7, the defendant and the defendant are the vehicle.

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