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(영문) 서울중앙지방법원 2020.11.27 2019나79567
구상금
Text

Of the judgment of the court of first instance, 651,50 won against the defendant and 5% per annum from June 25, 2019 to November 27, 2020.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings and arguments, either in dispute between the parties or in full view of Gap evidence Nos. 1 to 7, 9, 10 (including a branch number if there are branch numbers), and Eul evidence Nos. 1 to 7.

The Plaintiff is an insurer who has entered into an automobile insurance contract containing self-vehicle damage security agreements with respect to the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to the E vehicle (hereinafter “Defendant”).

B. At around 17:59 on June 14, 2019, C, while driving the Plaintiff’s vehicle and driving the two-lanes of the three-lanes of the three-lanes in front of the Simsan-dong Gyeongsan-dong Gyeongwon University Hospital in Changwon-si, and changing the lane to enter the entrance of the Gyeongwon University Hospital located on the right right side of the proceeding, C conflicts with the Defendant’s vehicle running the three-lanes by changing the three-lanes from the one-lane behind the Plaintiff’s vehicle located behind the Mamain, to the three-lanes.

(hereinafter “instant accident”). C.

On June 24, 2019, the Plaintiff paid KRW 1,737,000, excluding KRW 434,000 as the repair cost of the Plaintiff’s vehicle.

2. Existence and scope of liability for indemnity; and

A. The Defendant asserts that the instant accident was an accident caused by the Plaintiff’s negligence on the part of the Plaintiff’s driver. However, in full view of the aforementioned facts and the purport of the entire arguments, the instant accident is proceeding with the Plaintiff’s mistake in the Plaintiff’s driver, who attempted to change the lane from the two lanes to the entrance of the University Hospital, in violation of the duty of care to safely change the lane from the three lanes to the three lanes from the three lanes to the two lanes from the three lanes, and in violation of the duty of care to safely change the lane from the three lanes to the entrance of the University Hospital.

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