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(영문) 서울중앙지방법원 2019.11.27 2019나15280
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 16,100,000 and its interest on September 4, 2018.

Reasons

1. Facts of recognition;

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

B. On June 8, 2018, at around 15:50, the Plaintiff’s vehicle was in transit at a Twit-type intersection located near the Daejeon U.S. E (hereinafter “instant intersection”). The Defendant’s vehicle, which was going to the instant intersection after going to the construction site adjacent to the instant intersection and turned to the instant intersection, was shocked with the front rear wheels part of the Plaintiff’s driver’s seat.

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

On September 3, 2018, the Plaintiff paid KRW 16,100,000, which deducted the Plaintiff’s self-paid cost of KRW 500,000 from the repair cost of the Plaintiff’s vehicle incurred due to the instant accident, as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1, 2, and 4 through 7, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s alleged vehicle was going to make a right-hand at the instant intersection in a normal way. However, the instant accident was caused by the total negligence of the Defendant’s vehicle, since the Defendant’s vehicle invadeds the central line after going through the instant intersection after going through a construction site adjacent to the Defendant’s vehicle and attempted to make a right-hand at the instant intersection, and the Plaintiff’s front part was shocked.

Therefore, the Defendant, as the insurer of the Defendant vehicle, is obligated to pay KRW 16,100,000 of the insurance proceeds paid by the Plaintiff due to the instant accident and delay damages therefrom to the Plaintiff, who is the insurer of the Plaintiff vehicle, subrogated to the Plaintiff’s claim for damages

B. The Defendant’s assertion is that the Defendant’s vehicle was waiting to the right side for the right side of the instant intersection, and the Plaintiff’s vehicle is unreasonable.

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