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(영문) 서울중앙지방법원 2016.05.27 2015나63786
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with the vehicle B (hereinafter “Defendant vehicle”).

B. On May 14, 2014, at around 06:00, the Plaintiff’s vehicle proceeding in parallel with the above high-priced road along the two-lanes of the front right road in the front of the Korean intersection, while the Plaintiff’s vehicle proceeding along the two-lanes of the front right road and the left-hand turn to the same direction on the one-lane of the Defendant vehicle, which was lower than the Plaintiff’s vehicle and left-hand turn to the same direction on the other side of the driver’s seat of the Plaintiff vehicle.

(hereinafter referred to as “instant accident”). C.

On June 2, 2014, the Plaintiff paid insurance proceeds of KRW 3,515,00 at the cost of repairing the Plaintiff’s vehicle.

On August 8, 2014, the Plaintiff filed a request with the Defendant to deliberate on the payment of the above repair cost by the committee for deliberation on disputes over reimbursement of automobile insurance (hereinafter referred to as the “subcommittee”), and the division court decided on August 8, 2014 that “the Defendant would pay KRW 1,406,000 to the Plaintiff,” setting the rate of negligence between the Plaintiff and the Defendant: 60%: 40%.”

E. Accordingly, on January 28, 2015, the Defendant paid the Plaintiff the amount of KRW 1,606,000, including the said amount of decision.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that, since the accident of this case occurred by unilateral negligence, which caused the plaintiff's vehicle that the driver of the defendant's vehicle tried to turn right at the first lane, which was normal left at the second lane, the driver of the defendant's vehicle, the defendant is obligated to pay the plaintiff the remainder of the claim amount 1,909,000 won, excluding the amount of the claim for reimbursement equivalent to the above repair cost, and its delay damages.

In regard to this, the defendant is the plaintiff and the defendant.

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