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(영문) 서울중앙지방법원 2018.10.31 2018나41527
구상금
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to BW5 vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who entered into an automobile insurance contract with respect to C vehicle (hereinafter “Defendant vehicle”). The Plaintiff’s Intervenor is the driver of the Plaintiff vehicle at the time the following accident occurred.

B. On March 23, 2017, around 21:50, the Songpa-gu Seoul Olympic Games, 44 Asian Park, a sports complex distance intersection for the front of the Plaintiff’s vehicle, and the front penter and the front penter on the left side of the Defendant’s vehicle were in conflict with each other.

C. On May 31, 2017, the Plaintiff paid KRW 472,00 in D, and KRW 254,00 in E parts, totaling KRW 726,00.0.

On December 11, 2017, the Plaintiff filed a request for deliberation with the committee for deliberation on car insurance disputes. On December 11, 2017, the said committee determined that “The rate of negligence is 50% on the Plaintiff’s vehicle” to be considered as 50% of the Defendant’s vehicle.

【Ground of recognition】 The fact that there is no dispute, Gap 1 through 8, Eul 1, 2 and 3, and the purport of the whole pleading

2. The gist of the parties’ assertion and the Plaintiff’s Intervenor (hereinafter “Plaintiff, etc.”) asserts that the above accident is entirely an accident caused by the negligence of Defendant vehicle.

On the other hand, the defendant asserts that the above accident is at least 50% of the negligence ratio of the plaintiff vehicle due to concurrent accidents between the negligence of the plaintiff vehicle and the negligence of the defendant vehicle.

3. In full view of the following facts and circumstances recognized by the purport of the entire records and arguments, the foregoing accident is an accident caused by competition between the negligence of the Plaintiff’s vehicle and the negligence of the Defendant’s vehicle, and the ratio of the negligence is 50% of the Plaintiff’s vehicle: Defendant’s vehicle.

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