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(영문) 서울중앙지방법원 2019.12.06 2019나34960
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

1..

Reasons

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

On December 21, 2018, at the time of the accident, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, around 11:13, 2018, the vehicle was left left by the Plaintiff at a T-type three-way distance without signal for the situation of collision at the 6-9 intersection in Seongdong-gu Seoul, the vehicle was destroyed by the collision between the front part of the vehicle's driver's seat and the front part of the vehicle's driver's seat and the front part of the vehicle's driver's seat, and E, F, and G (hereinafter referred to as "victims") at the vehicle of the Defendant 1,357,310 won (i.e., large-party compensation 9,773,310 won, 747,250 won, 4,504,504, 305, 201, 301, 305, 201, 305, 10, 2010

2. Determination

A. The Plaintiff’s assertion (i.e., the Defendant, the insurer of the Defendant’s vehicle, is obliged to pay the Plaintiff the amount of KRW 8,517,982 (i.e., KRW 11,357,310 x KRW 0.75, and KRW 0.75, and KRW 0.75; hereinafter the same) out of the amount of the Plaintiff’s insurance proceeds paid by the Plaintiff as the indemnity amount, and the delay damages therefrom.

B. The instant accident was caused by the negligence of the Plaintiff’s vehicle or the main negligence (at least 70 per cent) of the Plaintiff’s vehicle while the Defendant’s vehicle entered the intersection, while the vehicle was forced to enter the intersection. Accordingly, the Defendant is the Plaintiff’s indemnity.

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