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(영문) 서울중앙지방법원 2020.01.30 2019나63586
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The circumstances leading up to the instant accident are as follows.

At the time of the accident, around 09:20 on November 13, 2018 at the time of the insured vehicle CD of the insured vehicle of the Plaintiff insured vehicle, the front corner part of the insured vehicle of the Plaintiff (hereinafter referred to as “Plaintiff”) which was proceeding one lane while the insured vehicle in the situation of the collision in Gwanak-gu in Seoul Special Metropolitan City (hereinafter referred to as “Defendant vehicle”) was changing into one lane into the part of the Defendant vehicle. The amount of damages 14,470,000 insurance money is paid to 13,970,000 (on November 27, 2018, the payment date) and the insured vehicle of self-charge 500,000,000 (on November 27, 2018, the payment date) received deliberation from the Defendant as F in accordance with the mutual agreement on the deliberation of the car insurance claim, and the said Committee filed the instant lawsuit against the Plaintiff on April 15, 2019 as the negligence of the Plaintiff and Defendant 19.

[Ground of recognition] Unsatisfy, entry of Gap evidence 5, 6, and 7 and the purport of the whole pleadings

2. The Plaintiff asserted that the instant accident occurred due to the unilateral negligence of the Defendant’s driver, and claimed the full amount of the insurance money paid by the Plaintiff and the damages for delay from the day following the payment date. The Defendant asserted that the instant accident occurred concurrently due to the negligence of the Plaintiff’s driver.

Examining the above-mentioned facts and records in light of all the circumstances, such as the background of the accident, the degree of conflict, and the degree of shock, it is reasonable to see that the negligence of the plaintiff vehicle and the driver of the defendant vehicle in this case is 19:0,000, and both parties' arguments in excess of the above

Next, I examine the scope of indemnity.

The insurance money of this case is paid on the basis of the security of self-vehicle damage, and the security of self-vehicle damage is against the policyholder's own occurrence of the insurance accident.

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