logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.09.05 2019나52957
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with the D vehicle owned by C (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with the E vehicle (hereinafter “Defendant vehicle”).

B. On December 15, 2017, around 11:00, the Plaintiff’s vehicle is driving one lane on the road near the Seocheon-dong, Seocheon-si, Seocheon-do, Seocheon-do, Seocheon-do, in a two-lane road, and the Defendant’s vehicle stopped on the two-lane road, was shocked with the Plaintiff’s vehicle, which entered the two-lane one lane, and was straighted by the Defendant’s vehicle. (hereinafter “instant accident”).

C. On December 20, 2017, the Plaintiff paid insurance proceeds of KRW 1,250,120 at the cost of repairing the Plaintiff’s vehicle.

(Exclusion of Self-Payment Amounting to KRW 312,00). [Grounds for Recognition] / [The fact that there is no dispute, Gap evidence Nos. 1 through 12, Eul evidence No. 1 and the purport of the whole pleadings.

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The instant accident occurred when the Plaintiff’s vehicle was driven safely, but the Defendant’s vehicle stops at the two-lanes without using direction direction, etc., and the vehicle was rapidly changed to the one-lane one. The negligence of the Defendant’s driver is reasonable to deem that the negligence of the Defendant’s vehicle is 100%. As such, the Defendant, the insurer of the Defendant’s vehicle, is liable to pay the Plaintiff KRW 1,250,120, which is the insurance money paid by the Plaintiff, and damages for delay thereof. 2) In relation to the instant accident, the Defendant’s assertion was negligent on the part of the Defendant’s vehicle, but the Plaintiff’s vehicle is also stopped at the two-lanes, and the negligence of the Plaintiff’s vehicle is at least 15%.

B. In full view of all the circumstances revealed in the argument of this case, such as the background leading up to the occurrence of the accident of this case, which can be known by the evidence as seen earlier, and the situation before and after the occurrence, and the damage of the original Defendant vehicle.

arrow