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(영문) 서울남부지방법원 2018.09.07 2018나50626
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

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the Plaintiff’s B automobiles owned by A (hereinafter “Plaintiff’s automobiles”), and the Defendant is the insurer who has concluded each automobile insurance contract with respect to the Defendant Oralba (hereinafter “Defendant Oralba”).

B. On March 11, 2017, around 13:10 on March 11, 2017, the driver of the Plaintiff’s vehicle: (a) while driving a four-lane in the middle of the four-lanes in the vicinity of the Chowon-dong Chowon-dong, Suwon-gu, Suwon-si, the Suwon-si, the Suwon-gu, the head of the vehicle, was trying to pass ahead of the Plaintiff’s vehicle due to the gap between the Plaintiff’s vehicle and India; and (b) the Plaintiff’s vehicle driver conflict with the front side of the Plaintiff

(hereinafter referred to as “instant accident,” and the degree of the occurrence of the accident is as shown in attached Form 3.

On March 29, 2017, the Plaintiff paid insurance proceeds of KRW 4,219,00 (the amount after deduction of KRW 500,000 for self-paid) at the cost of repairing the Plaintiff’s vehicle.

[Basis] Facts without dispute, entry of Gap evidence 1 to 5, 11, images of Gap evidence 7 to 10, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s accident of this case is an accident caused by the previous negligence of Defendant Obane driver, where the Plaintiff’s vehicle runs slowly at the edge of four-lanes, while moving to the right side to the right side, and Defendant Obane, followed by the Defendant Obane, is overtaking the Plaintiff’s vehicle, and the collision between the Plaintiff’s vehicle and the sidewalk occurred.

Therefore, the Defendant is obligated to pay the Plaintiff the insurance proceeds of KRW 4,219,00 and damages for delay paid by the Plaintiff in accordance with the insurer’s subrogation doctrine.

(2) The Defendant Company failed to operate the direction direction, etc., and the Defendant Company neglected the duty of safe driving by making a bypass, even though it has a duty of care to check the right side and the vehicle coming behind, and the repair cost of the Plaintiff Company is KRW 4,219,00.

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