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(영문) 서울중앙지방법원 2020.10.30 2020나7728
구상금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. The facts constituting the following facts can be acknowledged in full view of the purport of the entire pleadings in each entry or image of Gap evidence 1 to 6, 8, and Eul evidence 1 to 4 (including branch numbers if there are branch numbers).

The Plaintiff is an insurer who has entered into an automobile insurance contract including its own automobile damage security agreement with respect to C (hereinafter referred to as “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to D (hereinafter referred to as “Defendant”).

B. On August 9, 2019, at around 08:05, the driver of the Defendant’s vehicle, while driving a bend road located near the F cafeteria located in Dong-gu, Nam-gu, Dong-gu, Dong-gu (hereinafter “instant accident”), caused a traffic accident that conflicts with the Defendant’s vehicle (hereinafter “instant accident”). The two sides are as shown in the separate sheet.

C. Meanwhile, the point where the instant accident occurred was the one in which when viewed at the right side of the Plaintiff’s vehicle, the side road was honded by a hond road, and it was difficult to accurately verify the progress of the vehicle at the bend and bend. Likewise, when viewed from the Defendant’s running side, it was also difficult to accurately verify the progress of the vehicle at the bend and bend. The instant accident took place by the Plaintiff’s vehicle close to the right side side of the said side road, and the Defendant’s vehicle was cut down by using the part of the said side road.

From August 21, 2019 to September 18, 2019, the Plaintiff paid KRW 2,033,980, excluding KRW 466,00, out of the repair cost of the Plaintiff’s vehicle, as insurance proceeds.

2. Determination:

A. According to the fact of recognition of the existence of the claim for indemnity, the instant accident did not place the front door as a motor vehicle driver.

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