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(영문) 서울중앙지방법원 2018.12.19 2018나48030
구상금
Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to CD vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to EF vehicles (hereinafter “Defendant”).

B. On November 23, 2017, the driver of the Plaintiff’s vehicle driving the Plaintiff’s vehicle on November 17:21, 2017, and driving the expressway near the mine intersection located in the Gwangju Mine-gu in accordance with the one-lane from the surface of Gwangju. The Defendant’s vehicle driving the two-lane of the same road changed to the one-lane, while the two-lane of the same road changed to the one-lane, the Defendant’s vehicle shocked the right side of the Plaintiff’s vehicle to the left side of the Defendant

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

On January 23, 2018, the Plaintiff paid KRW 1,060,000 to G Co., Ltd. for the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, Gap evidence No. 4, Gap evidence No. 5-1, 2, Gap evidence No. 7-1, 2, Eul evidence No. 2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) the accident of this case is that the defendant vehicle, which had been driving two lanes, was caused by shocking the plaintiff vehicle while changing the vehicle into one lane on its own, and the accident of this case occurred by the driver's negligence.

However, by paying insurance money of KRW 1,060,000 for the insured of the Plaintiff’s vehicle, the Plaintiff acquired a claim for damages against the insured’s employee vehicle by subrogation as stipulated in Article 682 of the Commercial Act.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay to the plaintiff 1,060,000 won with the indemnity and damages for delay.

At the time of Sheeting, the driver of the plaintiff vehicle had already entered the first lane by operating the direction direction, etc. on the left side and attempting to change the vehicle into the first lane, but the driver of the plaintiff vehicle.

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