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(영문) 서울중앙지방법원 2020.11.26 2019나82556
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who entered into a comprehensive insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On May 15, 2018, the Plaintiff’s vehicle was facing the front side of the Defendant’s vehicle moving from the right side to the right side and the front side of the Plaintiff’s vehicle’s right side (hereinafter “instant accident”) while driving a three-lane road in front of the F association building in Suwon-gu, Suwon-si, Suwon-si along two-lanes.

C. By June 15, 2018, the Plaintiff deducted the Plaintiff’s insured employee from KRW 500,000,000, and paid KRW 2,063,000 with respect to the damage of the Plaintiff’s vehicle.

[Reasons for Recognition] Evidence Nos. 1 through 11, Evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Determination

A. Comprehensively taking account of the aforementioned facts and the purport of the entire arguments, the instant accident is determined that the negligence of the driver of the Plaintiff’s vehicle and the driver of the Defendant’s vehicle, who did not properly look at the Plaintiff’s vehicle that was driven on the road while bypassing the road, and that of the vehicle that was parked on the two-lane as soon as possible without having entered the three-lanes, and that the Defendant’s vehicle was moving to the right bypass as soon as possible, and that the negligence of the driver of the Plaintiff’s vehicle and the driver of the Defendant’s vehicle, who did not reduce or suspend the speed, is deemed to be concurrent. It is reasonable to view that the negligence ratio of the Plaintiff’s vehicle and the driver

B. As to the amount of indemnity, the insurer who paid the repair cost with the insurance money based on a special contract for self-vehicle damage is entitled to exercise the right to indemnity against the obligor for damage, “the amount of liability to be borne by the obligor” and “the amount of damages remaining without compensation to the insured, i.e., the amount of self-paid.

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