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(영문) 서울중앙지방법원 2020.09.04 2019가단5101840
구상금
Text

1. The Plaintiff:

A. Defendant C’s KRW 27,292,50 and for this, KRW 5% per annum from April 11, 2019 to September 4, 2020.

Reasons

1. The Plaintiff entered into a comprehensive automobile insurance contract with respect to D vehicles (hereinafter “Plaintiffs”). Defendant B Co., Ltd. is an insurer who entered into a liability insurance contract with Defendant C on the vehicle owned by Defendant C (hereinafter “Defendant”). The purchase price of the substitute is KRW 20 million.

On December 16, 2019, around 16:04, the Plaintiff’s vehicle was driving along a one-lane road in front of the G golf range in Busan Shipping Daegu F, and there was an accident of collision with the Defendant’s Defendant’s vehicle entering the said road at the G golf range parking zone (the front right side of the Plaintiff’s vehicle and the front side of the Defendant’s vehicle).

On April 10, 2019, the Plaintiff paid KRW 36,390,000 as the repair cost of the Plaintiff’s vehicle in accordance with the said comprehensive automobile insurance contract.

Meanwhile, Defendant B Co., Ltd paid KRW 604,00 to the driver of the Plaintiff’s vehicle with the rental fee for the replacement vehicle of the Plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap 1 through 6, Eul 1, 5, and 6 respectively, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident entirely occurred due to negligence, which Defendant C, entering a golf practice range, and did not look at the traffic of other vehicles while entering the road.

The Plaintiff, on behalf of the Defendants, paid the repair cost of the Plaintiff’s vehicle due to the instant accident, and acquired the right to indemnity under Article 682 of the Commercial Act.

Therefore, the Defendants jointly and severally pay the above repair cost and damages for delay to the Plaintiff.

B. The Defendants’ instant accident is a cause for the driver of the Plaintiff vehicle to have been aware of and defending the Defendant vehicle that had already entered the direction in advance, by neglecting the duty of the front-way driver, thereby unreasonable progress without delay.

Considering all the circumstances, including the circumstances and results of the instant accident, the negligence of the driver of the Plaintiff vehicle is at least 60%.

3. Determination A.

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