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(영문) 서울중앙지방법원 2020.07.07 2018나85022
보험에관한 소송
Text

1. According to the expansion of the purport of the claim by this court, the judgment of the first instance is modified as follows.

The defendant is against the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C Costa Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with D-cruise Vehicle (hereinafter “Defendant Vehicle”).

B. Around 00:25 on November 9, 2017, E driven the Defendant’s vehicle, and driven the front road of the bus stop in front of the bus stop in Busan Seo-gu, Busan, on the face of the room in writing, at a speed of about 84 km (60 km speed), the victim F (hereinafter “victim”) who opened the road without permission on the left side of the road at a speed of about 84 km (60 km speed at a speed of 60 km). On the other hand, the victim was faced with the Plaintiff’s vehicle in G driving, which was driven along the two-lane and fell off (hereinafter “the instant accident”).

C. The victim suffered injuries that require approximately 12 weeks of medical treatment, such as pelvise, etc., due to the instant accident.

The committee for deliberation on car insurance disputes decided that the negligence of the Plaintiff and the Defendant’s vehicle was 20:80 with respect to the instant accident, and the Plaintiff paid the Defendant KRW 9,828,710 with the medical expenses and the amount agreed upon by the victim on May 31, 2018, and additionally paid the Defendant KRW 1,750,540 with the medical expenses incurred by the victim on January 23, 2018, and KRW 1,520,370 with the victim on August 17, 2018.

E. The appraiser H of this court presumed that the visible distance of the driver of the plaintiff vehicle is about 30.56 meters. While there is a possibility that the victim could have been confirmed by the light of the driver's headlight of the defendant vehicle, the victim is proceeding in the central line above the first line, and the victim does not go to the rapid brakes, and the victim is not observed by the light of the vehicle in majun, and only predicts a sudden collision between the two-lanes and moves toward the right corner of the defendant vehicle, and then it is likely that the victim is not observed by the light of the vehicle in majun.

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