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서울남부지방법원 2018.05.17 2017나57859

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.


1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On October 30, 2016, around 07:20, around 07:20, the Plaintiff’s vehicle driven at a speed of 70 to 80 km from the speed of the 1 lane of the area of the motorway at the speed of 70 to 70 km from the breadth of the road at the speed of the speed of 1st place on the breadth of the road (hereinafter “instant accident”) occurred.

On the other hand, from the point immediately before the accident of this case, the lanes have increased bypassing roads, and the safety zone to distinguish the straight lanes and the right-hand roads have a plastic regulation bar.

The defendant's vehicle was under the direct driving of the vehicle at a speed of one-lane after shocking the plastic regulatory salary immediately before the occurrence of the accident.

C. On November 23, 2016, the Plaintiff paid insurance proceeds of KRW 1,092,10,000 after deducting self-paid expenses from the repair cost of the Plaintiff’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, 6 evidence, 9-1 through 7, 10, 11, 12-1 through 4, Eul evidence 1 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident fell short of the Plaintiff’s fault ratio of the Defendant driver of the instant accident, on the ground that the Defendant’s vehicle was 50% of the fault ratio of the Defendant’s driver of the instant accident, due to the Plaintiff’s change of course on a right-way route, e.g., the regulatory salary installed in the safety zone, e.g., the Defendant’s vehicle was faced with the Plaintiff’

The defendant, who is the insurer of the defendant vehicle, is obligated to pay to the plaintiff 546,050 won (=1,092,100 won x 50%) equivalent to the share of the driver of the defendant vehicle among the insurance proceeds paid by the plaintiff to the plaintiff and delay damages therefor.

B. The aforementioned facts of determination and the evidence as seen earlier.