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(영문) 서울중앙지방법원 2019.12.11 2019나45700
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On November 20, 2018, around 17:42, the Plaintiff’s vehicle runs beyond the median line on the one-lane road in Gwangju Northern-gu (hereinafter “instant road”), and the Plaintiff’s vehicle conflict with the Defendant’s vehicle that was trying to turn to the right right side of the Plaintiff’s proceeding and enter the instant road.

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

In the instant accident, the top-hand part of the Plaintiff’s vehicle and the top-hand part of the Defendant’s vehicle conflicted and destroyed by the collision.

On November 30, 2018, the Plaintiff paid KRW 1,489,200, excluding KRW 202,000 of the Plaintiff’s self-paid share, among the repair cost of Plaintiff’s vehicle 1,691,200 due to the instant accident.

[Ground for Recognition: Facts without a partial dispute, Gap evidence 1 through 6 (including branch numbers in case of additional number), Eul evidence 1 and 2, or the purport of whole pleadings]

2. The parties' assertion

A. At the time of the instant accident’s assertion, the Plaintiff’s vehicle was at the time of the instant accident, due to the vehicle that was illegally parked on the road, and thus, the Defendant’s vehicle was forced to run along the center line. The Plaintiff’s vehicle was at the moment of the instant accident, along with the Defendant’s vehicle seeking to make a right-hand, and the Plaintiff’s vehicle could not avoid this. As such, the instant accident was caused by the negligence of the Plaintiff’s vehicle

However, considering that the left-hand vehicle is more than the vehicle prior to right-hand, the negligence of the defendant vehicle should be recognized at least 50%.

Therefore, the defendant, who is the insurer of the defendant vehicle, is the insurer of the plaintiff vehicle, and the defendant out of the insurance money that the plaintiff paid to the accident of this case.

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