(영문) 서울중앙지방법원 2016.10.21 2016나36026

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.10.21 2016나36026

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On September 19, 2015, around 8:33, 2015, the Plaintiff’s vehicle driven the part on the part of the Defendant’s driver’s seat of the Defendant’s vehicle, which was part of the center line, going beyond the opposite lane to the direction of progress in order to overtake the Defendant’s vehicle, while driving on the front line of the front line of the Plaintiff’s driver’s seat of the Plaintiff’s vehicle, from the border road No. 34, to the Cheongdung-gun, Young-gu, Cheongdung-gun.

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

In relation to the instant accident on October 1, 2015, the Plaintiff paid KRW 1,099,520 of the repair cost of the Plaintiff’s vehicle as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 2, and the purport of the whole pleadings

2. The assertion and judgment

A. A. A summary of the party's assertion 1) The plaintiff asserts that, inasmuch as the plaintiff did not properly confirm the plaintiff's vehicle in which the accident in this case occurred due to the main negligence of the defendant's vehicle that affected the central line while he did not properly confirm, the ratio of the defendant's vehicle's fault shall be 80%, and the defendant shall pay the plaintiff the repair cost of the plaintiff's vehicle (i.e., KRW 1,099,520 x 80%) and the compensation for delay shall be paid as the compensation amount for the plaintiff. 2) As to this, the defendant's vehicle at the time of the accident, only partially invaded the central line in accordance with the court below's ability, and the accident in this case occurred due to the total negligence of the plaintiff's vehicle that operated in the reverse direction in the place where the overtaking is prohibited, the defendant cannot respond to the plaintiff'

B. Determination is based on the above evidence, and the above evidence is recognized.

유사 판례

-서울중앙지방법원 2016.10.21. 선고 2016나36026 판결

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