(영문) 서울남부지방법원 2019.11.28 2018나69910

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.11.28 2018나69910

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for D vehicles owned by C (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract for E vehicles (hereinafter “Defendant”).

B. On October 17, 2017, around 15:00, the Defendant’s vehicle, which was proceeding behind the Plaintiff’s vehicle, tried to overtake the Plaintiff’s side vehicle to make a right-hand way while driving the vehicle while at the distance corner was temporarily stopped at the private road located in the Trido, Seo-gu, Seo-gu, Gwangju. (hereinafter “instant accident”). On the right-hand side of the Defendant’s vehicle, there was an accident where the driver’s seat after the Plaintiff’s driver’s seat was shocked (hereinafter “instant accident”).

C. From October 27, 2017 to March 13, 2018, the Plaintiff paid insurance proceeds of KRW 2,242,680, totaling KRW 4,656,860, out of C’s medical expenses and agreed amount, the driver of the Plaintiff’s vehicle, as well as KRW 2,414,180, and F’s medical expenses and agreed amount.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 10, Eul evidence 1 or video, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's assertion that the accident of this case occurred due to the significant negligence of the driver of the vehicle on the part of the defendant who concealed the rear side of the plaintiff's vehicle in temporary stop even though it is necessary to safely operate the movement of the vehicle driving on the front side and the right side while driving the vehicle, and the negligence of the driver of the vehicle on the part of the defendant's side is 100%. Further, it is reasonable to deem that the accident of this case occurred to the extent that the plaintiff's medical treatment is necessary. Thus, the defendant, who is the insurer of the vehicle on the part of the defendant's side, is obliged to pay 4,656,860 won, the insurance money paid by the plaintiff to the plaintiff, and damages for delay. 2) In relation to the accident of this case, the plaintiff's assertion that

유사 판례

-서울남부지방법원 2020.05.15 2019나53462

-서울중앙지방법원 2020.01.10 2019나38788

-서울중앙지방법원 2018.10.10 2018나38514

-서울중앙지방법원 2020.07.08 2019나79987