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(영문) 서울중앙지방법원 2020.11.10 2020나41766
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

[Claim]

Reasons

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On February 10, 2019, at the time of February 27, 2019, the Plaintiff’s insurance-related vehicle (hereinafter “Plaintiff’s vehicle”) Defendant Mutual Aid Vehicle CD (hereinafter “Defendant’s vehicle”) and the front side of the Plaintiff’s vehicle entering the right side of the Plaintiff’s vehicle, which entered four lanes from five lanes to four lanes from the point where the instant accident occurred, along the direction of 18km in the direction of the 18km at the 1:06 Seoul metropolitan area, from the day on which the 1:06 place of circular Highway was located.

Details of the payment of insurance proceeds, 934,000 won for the repair expenses of the Plaintiff’s vehicle on April 16, 2019, and 233,000 won for self-payment

B. In light of all the circumstances, such as the background of the instant accident, the shock of the vehicle, in particular, the vehicle location of the main line, and the absence of five lanes, the vehicle of the main lane was entering the four-lane, etc., the instant accident was caused by the negligence of the Defendant vehicle, which did not properly examine the following vehicle and did not enter the main fault of the Plaintiff vehicle entering the four-lane, and the vehicle coming from the right side of the Defendant vehicle. It is reasonable to view the negligence ratio of the Plaintiff vehicle and the Defendant vehicle as 60:40.

The plaintiff asserts that the defendant vehicle driver should bear the responsibility for the total amount of compensation due to the accident, since the defendant vehicle driver neglected to 100% prior to the accident at the time of the accident at the time of the accident at the time of the accident at issue.

According to Gap evidence No. 3, the defendant's driver's agreement was prepared to recognize 100% of his negligence on the date of the accident in this case and recognize the repair cost disposal. However, there is no ground to deem the insured to have the power to dispose of the insurance company's fault on the insurance accident or the existence of liability for damages. The insurer is in the status of compensating the insured in accordance with the terms and conditions of the liability to compensate.

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