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(영문) 서울중앙지방법원 2018.10.24 2018나39678
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 with A with respect to Benz vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to Cents vehicle (hereinafter “Defendant vehicle”).

B. D, around 18:10 on October 18, 2017, when driving the Defendant vehicle, and driving the C-V intersection in front of the F-V station in Pyeongtaek-si E (hereinafter “instant intersection”) along the four-lane road along the four-lane road, changed the vehicle line from a one-lane to a two-lane vehicle located in the front side of the instant intersection, while changing the vehicle line from a one-lane to a two-lane vehicle located in the front side of the instant intersection, the front door of the right side of the Defendant vehicle and the front pent part of the G-V driver’s vehicle running in the same direction as the rear side of the Defendant vehicle.

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

On December 6, 2017, the Plaintiff paid KRW 9,664,000 as the repair cost of the Plaintiff’s vehicle to the Hansung Motor Vehicle Development Bank.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, Gap evidence 1-1, Gap evidence 2-1, Eul evidence 2-2, Eul evidence 2-3, the purport of the whole pleadings, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the party's assertion (i) At the time of original inspection, the Plaintiff's vehicle was in normal progress in accordance with the direction signal from the front side, but the Defendant's vehicle stopped within the instant intersection did not turn on the direction light, and the Plaintiff's driver could not avoid the instant accident, and thus, the instant accident occurred due to the previous negligence of the Defendant's driver.

However, the Plaintiff paid insurance money of KRW 9,664,00 as repair cost of the Plaintiff’s vehicle due to the instant accident for the insured of the Plaintiff’s vehicle, thereby subrogated to the insurer under Article 682 of the Commercial Act.

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