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(영문) 서울중앙지방법원 2017.03.17 2016나83053
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. 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 operator who has entered into an automobile mutual aid contract with B (hereinafter “Defendant”).

B. At around 00:00 on December 26, 2015, the Defendant’s vehicle was facing the Plaintiff’s vehicle facing the second line of the road, which is the third line of the road going to the central shooting distance outflow from the ebbbbban Dong-dong, Dongcheon-si, Sungcheon-dong, Sungcheon-si, and from the ebban bank in Seoul, leading to the shock of the Plaintiff’s vehicle facing the second line of the road, which is the same as the ebbdo private distance outflow.

At the time, the signal inside the intersection was in the state of yellow light only in both directions, and the front part of the defendant vehicle was shocked by the front part of the plaintiff vehicle.

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

On February 1, 2016, the Plaintiff paid KRW 2,344,600 as insurance money for self-motor vehicle damage of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including paper numbers) or the purport of the whole pleadings

2. The parties' assertion

A. At the time of the Plaintiff’s assertion, the Plaintiff’s vehicle entered the intersection first and almost passed through the intersection. As such, the Defendant’s vehicle, while driving through or temporarily stopping at the intersection, had the Plaintiff’s vehicle go through the intersection first and should have passed the intersection safely after having the vehicle go through the intersection, but the accident of this case occurred as the Plaintiff’s vehicle was not bound by due care by neglecting the duty of front-way watch.

Therefore, since the negligence ratio of Defendant vehicle is at least 80%, the Defendant is obligated to pay the Plaintiff the insurance proceeds of KRW 2,344,60, equivalent to 80% of the negligence ratio of Defendant vehicle out of KRW 2,344,600 paid by the Plaintiff (=2,344,600 x 0.8) and damages for delay.

B. The Defendant’s assertion that the Plaintiff’s vehicle runs along the left-hand lane and the passage.

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