2017Na58665 Claims

Samsung Fire Insurance Co., Ltd.

Hyundai Maritime Fire Insurance Corporation

Seoul Central District Court Decision 2017Gaso63189 Decided August 17, 2017

December 13, 2017

January 31, 2018

1. The defendant's appeal is dismissed.

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

1. Purport of claim

The defendant shall pay to the plaintiff 4,040,920 won with 5% interest per annum from October 5, 2016 to March 2, 2017, and 15% interest per annum from the next day to the day of full payment.

2. Purport of appeal

Of the judgment of the court of first instance, the part against the defendant ordering the plaintiff to pay more than KRW 2,828,640 against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed

1. Basic facts

A. With respect to A vehicle (hereinafter referred to as "Plaintiff vehicle"), the Defendant is an insurer who has concluded each comprehensive automobile insurance with respect to B vehicle (hereinafter referred to as "Defendant vehicle").

B. On August 8, 2016, around 19:55, the Defendant’s vehicle attempted to change the lane rapidly from the first lane to the six-lane in which the Plaintiff’s vehicle had driven on the right side of the Defendant’s vehicle (hereinafter “instant accident”). However, the Defendant’s vehicle tried to change the lane rapidly from the first lane to the six-lane in which the Plaintiff’s vehicle had driven on the right side of the Defendant’s vehicle (hereinafter “instant accident”).

C. On October 4, 2016, the Plaintiff paid a total of KRW 4,040,920 for the repair cost of the Plaintiff’s vehicle as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 5 (including paper numbers) or video, the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

According to the above facts, the defendant's driver should pay attention to preventing collision by reducing the speed in preparation for the vehicle's progress and career change, due to the nature of the point where the accident occurred after the passage of the charge, and thus, the driver of the vehicle should pay attention to preventing the collision. However, the accident of this case occurred by the whole negligence of the driver of the defendant's vehicle.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 4,040,920 and the amount of delay damages calculated at the rate of 5% per annum as stipulated by the Civil Act from October 5, 2016 to March 2, 2017, the delivery of a copy of the complaint of this case, which is the day following the payment date of insurance money, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of

3. Conclusion

The claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed, and it is so decided as per Disposition.

The number of judges transferred to judges

For the purpose of judge branch

Judges Kang Jae-il