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(영문) 서울중앙지방법원 2020.12.16 2019나76469
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the driver of D Vehicle (hereinafter “Defendant Vehicle”).

B. At around 16:00 on January 31, 2019, the Defendant’s vehicle displayed the front side of the F building located near the Gangseo-gu Seoul E Station and was prohibited from changing the lane into the first lane, which is the left left-hand exclusive road, but the part of the right-hand edge of the Plaintiff’s vehicle driving the first lane was shocked with the front side and the part of the driver’s length on the left-hand side of the Defendant vehicle.

(hereinafter “instant accident”). C.

By March 26, 2019, the Plaintiff paid KRW 2,482,730 in total to the Plaintiff’s driver G and the passenger H of the Plaintiff’s vehicle with medical expenses and the amount agreed. The Plaintiff paid KRW 80,000 as insurance money at the repair cost, such as replacement of the equipment of the Plaintiff’s vehicle.

Since then, the Plaintiff received liability insurance money of KRW 2,400,000 from the insurer responsible for the Defendant’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 12 (including each number), Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred from the whole negligence of the defendant vehicle that changed the lane in the section where the change of lane was prohibited, and thus, the defendant who is the defendant vehicle driver is obligated to pay 82,730 won (2,40,000 won (3,282,730 won - 2,400,000 won) remaining after deducting 2,40,000 won from the defendant vehicle liability insurance company from the medical expenses, etc. paid by the plaintiff to the plaintiff in subrogation of the victim's right to claim damages in accordance with Article 682 of the Commercial Act (=2,482,730 won).

In regard to this, the defendant agreed to treat the damaged part at the time of the police investigation as liability insurance and the damaged part of the vehicle at the time of the accident.

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