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(영문) 서울중앙지방법원 2018.05.02 2017나67973
구상금
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded two-wheeled automobile insurance contract with A with respect to B-wheeled automobile (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with C with respect to D-frequency vehicle (hereinafter “Defendant vehicle”).

B. At around 18:50 on August 10, 2016, E (the age of 17 at that time) driving the Plaintiff’s vehicle and driving it on the two-lanes of the three-lane road near the three-lane road located in the Southern-gu, Busan, Seo-gu, in order to transfer the two-lanes to the opposite side of the said road, while changing the three-lane lines to the opposite side of the said road in order to turn the two-lanes into the opposite side of the said road into the opposite side of the said road, the part of the Defendant’s upper part of the Plaintiff’s vehicle, which was proceeding along the three-lane direction of the said road, was shocked on the rear side of the said road.

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

From August 10, 2016 to February 2017, the Defendant paid KRW 531,900 as the repair cost of the Defendant’s vehicle due to the instant accident. D.

After all, the defendant asserted that the accident in this case occurred due to the whole negligence of the driver of the plaintiff vehicle, and filed a claim against the plaintiff to the committee for deliberation on the dispute over the reimbursement of automobile insurance in accordance with the mutual agreement on the deliberation of the dispute over the reimbursement of automobile insurance. On February 6, 2017, the committee for deliberation on the disputes over the reimbursement of automobile in this case recognized the ratio of the driver's liability of the plaintiff vehicle to 100% and caused

The decision was made to deliberate and coordinate that the insurance money of subsection 531,90 won should be paid.

E. Accordingly, the Plaintiff paid KRW 531,90 to the Defendant on February 21, 2017 according to the above decision of deliberation and coordination, and thereafter filed the instant lawsuit against the said decision of deliberation and coordination.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 2, Eul evidence 4, 5, and 14-2, Gap evidence 4, 5, and Eul evidence 8-1, 2, and Eul evidence 2-10.

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