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(영문) 서울남부지방법원 2019.08.22 2018나68382
구상금
Text

1. Of the judgment of the court of first instance, KRW 630,00 against the Plaintiff and its related amount from May 3, 2018 to November 14, 2018.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the automobile owned by C (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with the E-wheeled Vehicle (hereinafter “Defendant”).

B. On April 17, 2018, around 17:05, at the center of G Hospital located in Gangdong-gu Seoul Metropolitan Government F, the Plaintiff’s vehicle driven the three-lanes of the three-lane road on the street, and subsequently, the Plaintiff’s vehicle turned the right-hand part of the three-lane road and the Defendant’s left-hand part of the Plaintiff’s vehicle located in the upper right-hand part of the three-lane road at that time (hereinafter “instant accident”).

C. On May 2, 2018, the Plaintiff paid insurance proceeds of KRW 840,00 (excluding self-charges 210,000) at the repair cost of the Plaintiff’s vehicle.

The Plaintiff requested deliberation by the H Deliberation Committee (hereinafter “Deliberation Committee”) to seek payment of KRW 1,050,000 of the insurance money paid by the Plaintiff against the Defendant. On July 30, 2018, the Deliberation Committee rendered a deliberation and coordination decision to the effect that “The Plaintiff’s liability ratio is KRW 50%, Defendant’s liability ratio is KRW 50%, and KRW 525,000,” respectively.

[Ground of recognition] Facts without dispute, Gap 1 to 7 evidence, Eul 1 to 3 evidence (including paper numbers) or video, the purport of the whole pleadings

2. The assertion and judgment

A. Although the Defendant vehicle, which had tried to go straight at the time of the instant accident claiming by the Plaintiff, ought to keep the flow of the preceding vehicle in good condition, the Plaintiff’s vehicle, prior to the same lane, attempted to enter the instant vehicle in an unreasonable way in order to avoid the gap, and thereby, the instant accident occurred.

In relation to the instant accident, it is reasonable to 100% of the negligence of the Defendant vehicle. Therefore, the Defendant, the insurer of the Defendant vehicle, shall pay 840,000 won, which is the insurance money paid by the Plaintiff to the Plaintiff, and delay damages therefrom.

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