(영문) 서울중앙지방법원 2020.10.15 2019나80208

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Reasons

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.10.15 2019나80208

구상금

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The part against the plaintiff corresponding to the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Passenger Vehicles (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with respect to D Passenger Vehicles (hereinafter “Defendant Vehicles”).

B. On June 3, 2019, at around 14:45, the Plaintiff’s vehicle proceeded with a confection point of the name ginseng (YA) name, the name ginseng (YA) name-based) name-based (YAG) name-based (YA) name-based) name-based (hereinafter “instant traffic accident”), and the Defendant’s vehicle’s front side of the driver’s seat and the front front side of the Plaintiff’s vehicle (hereinafter “the instant traffic accident”).

C. On June 19, 2019, the Plaintiff paid KRW 3,300,000,000, excluding KRW 200,000 as the repair cost of the Plaintiff’s vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, Gap evidence 8 through 12, Eul evidence 1 and 2, and the purport of whole pleadings]

2. The parties' assertion and judgment

A. The plaintiff asserts that the traffic accident in this case is an accident that occurred while the defendant's vehicle was entering the vehicle in excess of the safe driving duty, and thus, it should be viewed as the negligence of the defendant's vehicle. Accordingly, the defendant asserts that the plaintiff is liable to pay 3,300,000 won as insurance money to the plaintiff. Accordingly, the defendant asserts that the traffic accident in this case was negligent to the plaintiff's vehicle which neglected its safe driving duty.

B. (1) According to the fact of recognition of the liability for damages, the instant traffic accident is deemed to have occurred by the negligence of the Defendant, which occurred while neglecting the duty of safe driving of the “YY” master distance, and neglecting the duty of safe driving, and neglecting the duty of safe driving.

(2) The fault ratio, further details and road status of the instant traffic accident, the location of each vehicle, and collision.

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