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(영문) 서울중앙지방법원 2020.01.08 2019나31497
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

At the time of the accident, on June 12, 2018, around 07:35, 2018, at the time of the insured vehicle CD of the Plaintiff insured vehicle, the front section of the Plaintiff’s insured vehicle (hereinafter “Plaintiff”) and the front section of the changed insured vehicle (hereinafter “Defendant vehicle”) in front of the changed insured vehicle (hereinafter “Defendant vehicle”) in front of the changed insured vehicle (hereinafter “Defendant vehicle”) shall be paid insurance money, and KRW 200,000,00,000, the self-payment of the insured vehicle for self-payment of KRW 3,510,300,000.

1. The circumstances leading to the instant accident are as follows.

[Ground of recognition] Facts without dispute, entry or video of Gap's evidence 1 to 5, purport of whole pleading

2. The assertion and judgment

A. The main point of the parties' assertion is that the accident of this case occurred that caused the plaintiff's vehicle's collision with the plaintiff's vehicle that caused the vehicle's rapid change of the vehicle's one lane after the defendant's vehicle loaded the passenger at the fourth lane, and that the accident of this case was caused by the driver's negligence, while the defendant asserts that the accident of this case was caused by the driver's negligence of the defendant's driver's negligence.

B. According to the video of the evidence Nos. 4, 4, and 2, the Defendant vehicle will street the lanes.

The difference between the city and the city is changed, and the difference is changed.

Recognizing that the front door of the Plaintiff’s vehicle was shocked with the front door of the Plaintiff’s vehicle, it is difficult to deem that the instant accident occurred in light of the background leading up to the occurrence of the accident and the shock of the Plaintiff and the Defendant’s vehicle, and it is reasonable to deem that the Plaintiff’s failure to perform the duty of front-time care for the Plaintiff’s driver was caused by one’s negligence.

Therefore, the Defendant, the insurer of the Plaintiff, is the Plaintiff’s subrogation of the Plaintiff’s right to claim compensation for damages, which is KRW 3,510,300, and KRW 2,983,755, as cited in the first instance judgment.

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