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(영문) 서울중앙지방법원 2018.12.12 2018나48917
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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the vehicle B (hereinafter “Defendant”).

B. On August 15, 2017, around 14:25, the Plaintiff’s vehicle driving along one lane from among the roads that are two-lanes around the southwest-gu, west-gu, west-dong, Chungcheongnam-si, and passed through the intersection at the private intersection. The Defendant’s vehicle, when entering the right side of the Plaintiff’s vehicle, went through the intersection at the right side of the Plaintiff’s vehicle, and going through the intersection at the right side of the Plaintiff’s front side and the two-lanes between the Plaintiff’s front side and the Defendant’s front side.

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

On October 25, 2017, the Plaintiff paid KRW 9,99,000 of the insurance money on October 25, 2017 at the repair cost of the Plaintiff’s vehicle caused by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred while the Defendant’s vehicle entered the Plaintiff’s vehicle’s way of proceeding to make an illegal internship. The Defendant’s assertion was entirely liable to the Defendant’s vehicle.

B. At the time of the instant accident alleged by the Defendant, the Defendant’s vehicle was located across the two lanes between the front side of the Plaintiff’s vehicle and the front side of the Plaintiff’s vehicle, and the Plaintiff’s vehicle neglected the Defendant’s duty of safe driving despite having been able to verify the vehicle in advance. As such, the fault ratio of the Plaintiff’s vehicle in the instant accident should be reflected more than 10

3. The following facts and circumstances acknowledged based on each of the evidence and the purport of the entire pleadings as seen earlier, namely, the Defendant’s vehicle is the proceeding route of the Plaintiff’s vehicle.

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