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(영문) 서울중앙지방법원 2020.01.15 2019나40613
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to D urban bus vehicles (hereinafter “Defendant vehicle”).

B. On December 19, 2018, around 14:34, the Defendant vehicle stopped at a bus stop located on a four-lane near the Gangnam-gu Seoul Cheongdo-dong, which was the fourth-lane of the left side of the Defendant vehicle, and the front side of the front side of the Defendant vehicle and the front side of the Plaintiff vehicle, when the Plaintiff vehicle, which was driven along the fourth-lane on the left side of the Defendant vehicle, was driven by the front side of the Defendant vehicle to make a right-hand.

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

On January 24, 2019, the Plaintiff paid KRW 2,085,00 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident to the insured.

[Ground of recognition] Evidence Nos. 1, 2, 4 through 6, Evidence No. 1, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) At the time of the instant accident, the Plaintiff: (a) was at the time of stopping the Defendant’s vehicle for passengers getting on and off, and thus, did not comply with the duty to slow down on the road at the parking lot, etc. under Article 18(3) of the Road Traffic Act; (b) despite the fact that the Defendant’s vehicle was at the time of the instant accident, when entering the road on the road, etc., it was in violation of the duty to check whether it was safe after stopping; and (c) the Plaintiff’s vehicle was at all not traveling until the moment when the Defendant’s vehicle was trying to make a right-of-way due to passing through the Defendant’s vehicle

Therefore, the plaintiff paid insurance money equivalent to the cost of repairing the plaintiff's vehicle and acquired it as the insurer's subrogation. Thus, the defendant asserts that the defendant is obligated to pay 2,085,000 won as the amount of indemnity and damages for delay.

(2) The defendant shall raise an objection.

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