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(영문) 서울중앙지방법원 2019.09.19 2019나34090
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that entered into an automobile insurance contract with the Plaintiff’s Intervenor for automobile (hereinafter “Plaintiff’s automobile”) and the Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Plaintiff’s Intervenor for automobile (hereinafter “Defendant’s automobile”).

B. On November 8, 2018, around 06:54, the Plaintiff’s vehicle was faced with the front part of the Defendant’s vehicle at the front side of the G Bank located in Sung-gu, Sungwon-si, Sungwon-si (hereinafter “instant accident”) and was faced with the front part of the Plaintiff’s driver’s seat (hereinafter “instant accident”).

At the time of the accident, the defendant vehicle was in progress in order to turn to the left at one lane, the exclusive lane for the U-turn, and the plaintiff vehicle was at the left turn prior to the left turn of the defendant vehicle at the two-lane, the left turn.

However, the direction of the Plaintiff’s vehicle toward the Defendant’s vehicle was not avoided by the Defendant’s vehicle on the wind, and the vehicle was faced with the Plaintiff’s vehicle as above.

C. On November 29, 2018, the Plaintiff paid KRW 1,218,000,000 calculated by subtracting KRW 304,00 of the Plaintiff’s self-paid share from the cost of repairing the Plaintiff’s vehicle for the instant accident, to H Chang History Co., Ltd.

[Ground of recognition] Facts without dispute, entries in Gap evidence 3, 4, 11, and 16, or the purport of the whole pleadings

2. Determination

A. In light of the fact of occurrence of liability and the fact of recognition of the negligence ratio as above, the defendant did not dispute about 30% of the negligence ratio of the driver of the defendant vehicle as determined by the committee for deliberation on the dispute over indemnity, it is reasonable to view that the accident in this case was caused by the negligence of the driver of the plaintiff vehicle by negligence, which the driver of the defendant vehicle tried to turn to the left on the internship, and neglected to perform his duty

Therefore, the defendant, who is the mutual aid business for the defendant, is responsible for the repair cost of the plaintiff vehicle to the extent that the driver's negligence is deducted.

On the other hand, the driver of each motor vehicle of the plaintiff and the defendant.

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