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(영문) 서울중앙지방법원 2020.02.10 2019가단5213323
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into an automobile insurance contract with G vehicle (hereinafter “Plaintiff”), and the Defendant is an insurance company that entered into an automobile insurance contract with H vehicle (hereinafter “Defendant vehicle”).

B. On December 19, 2018, around 22:50 on December 19, 2018, the Plaintiff’s vehicle: (a) saw the front vehicle while driving in the south-west cycle of the Seocho-gu Seoul Metropolitan Area as a shooting slope; and (b) as a result, the Plaintiff’s vehicle going beyond the two-lanes, and the Defendant’s vehicle driving in the two-lanes led to the Plaintiff’s vehicle going beyond the two-lanes.

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

In relation to the instant accident, the Plaintiff filed an application for deliberation and coordination with the committee for deliberation on the disputes over indemnity (hereinafter referred to as the “Deliberation Committee”).

On June 17, 2019, the Deliberation Committee decided the negligence of the plaintiff vehicle as 100% on the ground that it was difficult for the defendant vehicle to avoid drilling with the plaintiff vehicle.

Accordingly, the plaintiff appealed and filed an application for review, and the Deliberation Committee decided the negligence of the plaintiff's vehicle as 100% on August 19, 2019.

The Defendant filed a claim against the Plaintiff for reimbursement of KRW 343,520 for the repair cost of the Defendant’s vehicle paid by the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, Eul evidence Nos. 6 through 8, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred after about 3 seconds from the front and rear of the Plaintiff’s front vehicle, which could have been avoided if the Defendant’s vehicle had performed the duty of safety on the front and rear of the front vehicle. Therefore, the fault of the Defendant vehicle is 30%, and there is no obligation exceeding 240,470 won against the Defendant (=343,520 won x 70% of the Plaintiff’s negligence).

3. The following circumstances, i.e., the instant accident after sunset, by taking into account the facts without any dispute over judgment, Gap evidence Nos. 1 and Eul evidence Nos. 1 to 8.

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