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(영문) 서울중앙지방법원 2017.02.03 2016나66270
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 A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On October 18, 2015, the Plaintiff’s vehicle runs along the intersection in the direction of the intersection at around 18:18, along the direction of the intersection, along the four-lanes of the 147-101 letter, the direction of the intersection in the direction of the intersection in Dongjak-gu Seoul, Seoul, the direction of the intersection, which led to a collision with the front part of the left part of the Defendant’s vehicle, which tried to make a wider round in the same direction, while driving along the four-lanes of the same road, while driving along the same road, the vehicle was driving along the

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

On January 7, 2016, the Plaintiff paid KRW 1,560,000 as insurance money at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8 (including additional numbers), Eul evidence 1 to 6, or the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred due to the full negligence of the driver of the defendant vehicle, and thus, the defendant should pay the plaintiff the insurance money of KRW 1,560,000 and damages for delay.

As to this, the defendant asserts that the defendant's negligence related to the accident of this case is 60%, which is merely 60% of the plaintiff's claim for reimbursement, the defendant cannot respond to the exceeding part of the defendant

B. The following circumstances are considered in full view of the Defendant’s fault ratio related to the instant accident: (a) the aforementioned evidence; (b) the background and degree of the instant accident recognized by the facts acknowledged earlier; (c) the collision level and degree of the original Defendant’s vehicle; and (d) the final stop location of the vehicle. In other words, in order for the Defendant’s driver to make a right-hand bypass at the intersection, prior to entering the intersection.

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