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(영문) 서울중앙지방법원 2017.09.27 2017나26101
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. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings on the images of Gap evidence Nos. 1 and 2, evidence Nos. 3, 4, and evidence Nos. 3, 5, and 6:

The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter referred to as “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B (hereinafter referred to as “Defendant vehicle”).

B. On September 8, 2015, around 17:11, 2015, the Plaintiff’s vehicle’s driver’s seat and the left-hand part of the Defendant’s vehicle located in the same direction as the Plaintiff’s vehicle entered the front-hand part of the driver’s seat on the side of the Plaintiff’s vehicle and the left-hand part of the vehicle, which was located in the same direction as the Plaintiff’s vehicle, at the intersection located in Changdong-dong, Changdong-gu, Sungnam-si.

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

On September 25, 2015, the Plaintiff paid KRW 400,000 as agreed money to the Plaintiff’s driver C, and KRW 30,790 as insurance money to the Plaintiff’s driver C on November 6, 2015.

2. Determination:

A. In light of the main points of the party’s assertion (i) the fact that the Plaintiff’s vehicle was prior to the Defendant’s vehicle at the time of the instant accident, and the part and degree of the collision, etc., the Defendant’s driver, who was the driver of the Plaintiff’s vehicle and left left the left-hand turn at the left-hand side of the Plaintiff’s vehicle, was forced to enter the Plaintiff’s vehicle in an unreasonable way, and thus, the instant accident occurred due to the Defendant’s violation of the duty of care when crossing the Defendant’s vehicle and changing course.

Therefore, the defendant, who is the insurer of the defendant vehicle, is liable to compensate C, who is the driver of the plaintiff vehicle, for the damages caused by the accident in this case, and the plaintiff totaled the agreed amount due to the accident in this case and the repair cost of the plaintiff vehicle.

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