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서울중앙지방법원 2019.02.19 2018나71184
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

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

At the time of the accident, the insured vehicle of the Plaintiff at the time of the insured vehicle CD on July 17, 2018 at the time of the accident, when the insured vehicle of the Plaintiff at the time of the accident came to turn to the left at the distance of the F School located in Kimcheon-si, Kimcheon-si, the insured vehicle of the Plaintiff (hereinafter “Plaintiff vehicle”) in the front of the F School located in Kimcheon-si at the time of the accident and left to the left at the above three-distance, and the Defendant beneficiary vehicle of the Plaintiff (hereinafter “Defendant vehicle”) was directly left to the right, and the payment of the shock insurance money to the right, KRW 319,00,00 for the secured self-automobile loss [based on recognition], there is no dispute over the fact that there is no evidence, Gap 1,3

2. The Plaintiff asserts that the instant accident occurred solely by the negligence of the Defendant’s driver, and the Plaintiff claimed the total amount of the insurance proceeds paid by the Plaintiff. The Defendant asserted that the instant accident occurred by the negligence of the Plaintiff’s driver.

In full view of all circumstances, such as the background of the accident revealed in the above facts, the shock level of the original and the Defendant vehicle, road situation at the time of the instant accident, etc., it is reasonable to view that the instant accident was caused by the previous negligence of the Defendant vehicle driver, who attempted to work directly without yield the course to the said vehicle, even after the Plaintiff’s vehicle entered the intersection, when making a left-hand turn to the right at the intersection where it is not a traffic control at the time of the instant accident (at least, the Plaintiff’s vehicle, even after entering the intersection, was in a state of yielding the course to many representative vehicles who had been on the front of the Defendant vehicle, even after entering the intersection).

Therefore, the Defendant paid 319,000 won as insurance money to the Plaintiff, who acquired the right to claim damages against the Defendant by subrogation of the Plaintiff’s insured, within the reasonable scope of damages of the Plaintiff’s insured.