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(영문) 서울중앙지방법원 2018.04.25 2017나70979
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Facts of recognition

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

B. On April 25, 2017, at around 08:03, the Defendant’s vehicle was facing the front door, etc. of the Plaintiff’s vehicle entering the three lanes from the same direction to the two lanes among the three-lanes of the governmental direction of the road along the road in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, the front door, etc. around the left side of the Defendant vehicle, which entered the three-lane from the same direction.

(hereinafter “instant accident”). C.

On April 28, 2017, the Plaintiff paid KRW 1,824,000 insurance money at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3, argument of the parties to the whole pleadings

A. The Plaintiff’s instant accident occurred due to the total negligence of the Defendant’s vehicle that took place without driving the concession, and thus, the Defendant is obliged to pay the full amount of the indemnity to the Plaintiff.

B. As the instant accident occurred due to the Plaintiff’s negligence, the Plaintiff’s vehicle driven along the two lanes, and the Defendant’s vehicle under normal conditions, from the right angle area of the Defendant’s vehicle, to a two-lane course, it is difficult to comply with the Plaintiff’s claim for reimbursement.

Judgment

The above facts and evidence Nos. 3, 4, and 2 and 3, which can be seen by comprehensively considering the overall purport of the pleadings, the background of the instant accident, the present situation of the accident site, the location of the Plaintiff’s vehicle and the Defendant’s vehicle at the time of the accident, shock level, and the following circumstances, namely, according to the black stuff image installed on the Plaintiff’s vehicle, the two-lanes and three-lanes of the East Road at the time of the instant accident are repeated due to the body of the vehicle, and the Defendant’s vehicle immediately before the instant accident is proceeding along the rear side of the Plaintiff’s vehicle.

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