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(영문) 서울중앙지방법원 2018.07.24 2018나25679
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

[Claim]

Reasons

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

At the time of the accident, the insured vehicle A, the insured vehicle A, at the time of the accident, at the location of 6:00 on January 19, 2017, the insured vehicle A, and the insured vehicle B, at the location of 16:00 on January 19, 2017 at the D Health Promotion Center (hereinafter referred to as the “Plaintiff vehicle”) in front of the DD Health Promotion Center located in C, with the two-lanes of the two-lanes in the above intersection, and was trying to start as a result of the vehicle signal, and the insured vehicle (hereinafter referred to as “Defendant vehicle”) went into the front of the Plaintiff vehicle at the three-lanes of the above road, and did not dispute the damage of the secured self-owned vehicle [based on recognition], Gap, 1, 3, 5, 6, and 2 (including the virtual number), and the purport of the entire pleadings, as a whole.

2. The Plaintiff asserted that the instant accident occurred solely by the negligence of the Defendant’s driver, and claimed the full amount of the insurance money paid by the Plaintiff and the damages for delay from the day following the payment date of the insurance money. The Defendant asserted that the Defendant should limit the Defendant’s liability on the ground that the Plaintiff’s driver at the time of the instant accident was negligent by 15% recognized by

In full view of all circumstances, such as the background of the accident revealed in the above facts, the shock level of the original and the Defendant vehicle, and the road situation at the location of the instant accident, it is reasonable to view that the instant accident was caused by the gross negligence of the Defendant vehicle driver who attempted to cut the vehicle to the extent that it would be unreasonable for the Plaintiff to normally cross the vehicle in the future, which was trying to start according to the vehicle driving signal.

Therefore, the Defendant, who acquired the right to claim damages against the Defendant by subrogation of the Plaintiff’s insured, shall make a duplicate of the instant complaint from March 18, 2017, on the day following the payment date of insurance money.

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