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(영문) 서울중앙지방법원 2020.08.19 2020나5708
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to D Vehicle (hereinafter “Defendant”).

B. On March 26, 2019, around 08:36, the part of the driver’s seat of the Defendant vehicle running in the same direction as the front side of the Plaintiff vehicle while driving in the first lane from the second lane to the second two lanes of the opposite part of the F. Part in the opposite part of the F.M., the Plaintiff vehicle, while driving in the second lane, was changing to the two lanes, conflicts.

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

On March 29, 2019, the Plaintiff paid KRW 1,654,930, which is the remainder after deducting the amount of KRW 413,00,00, to be borne by the insured as the insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Class A evidence 1 to 7, 9 evidence, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion (1) at the time of the accident in this case, the plaintiff confirmed the vehicles running a two-lane for the change of course, and then changed the two-lanes, and the defendant's vehicle, which was bound by the two-lanes, shocked the plaintiff's vehicle. In relation to the accident in this case, the fault ratio of the defendant's vehicle is about 40%, and the plaintiff paid insurance money equivalent to the repair cost of the plaintiff's vehicle and acquired the insured's right to compensation for damages by subrogation as the insurer. Thus, the defendant is obligated to pay the plaintiff the indemnity amount of KRW 661,970 (=1,654,930 x 40%, 40%, and hereinafter referred to as

(2) The Defendant asserts that the instant accident was caused by the negligence of the Plaintiff’s vehicle, which was caused by an unreasonable change of course to two-lanes among the roads in which the Plaintiff’s vehicle stops on the string of the vehicle.

B. The facts of the recognition, the circumstances of the recognition, and the circumstances of the occurrence of the instant accident, and each of the vehicles.

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