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(영문) 서울중앙지방법원 2019.07.24 2018나70730
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

Claim:

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On April 26, 2017, around 18:15, the Plaintiff’s vehicle entered the intersection to make a right-hand turn to the intersection in the form of TW, while driving along the two lanes of the two lanes of the two lanes of the two lanes in the Suwon-si waterway E. However, the Defendant’s vehicle entering the intersection to make a right-hand turn to the left-hand side of the Plaintiff’s vehicle continued to conflict with the Defendant’s vehicle going through the intersection.

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

On May 22, 2017, the Plaintiff paid KRW 3,680,000, which deducts KRW 500,000 of the self-paid cost for the repair cost of the Plaintiff’s vehicle due to the instant accident, as insurance proceeds.

With respect to the claim for deliberation of a dispute over indemnity amount raised by the Plaintiff regarding the instant accident, the F Committee (hereinafter “F”) rendered a deliberation and resolution on September 25, 2017, on which the ratio of the Plaintiff’s vehicle’s fault is 60% and the ratio of the Defendant vehicle’s fault is 40% (hereinafter “instant decision”).

E. On December 1, 2017, the Defendant paid KRW 1,672,00 to the Plaintiff out of the total amount of damages 4,180,000 of the Plaintiff’s vehicle caused by the instant accident, equivalent to 40% of the fault ratio of the Defendant’s vehicle calculated by the instant decision.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 5, 7, Eul’s 1 through 4, 6, 7, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of Defendant vehicle, and thus, the percentage of negligence determined in the instant decision was mistakenly calculated.

Therefore, the Defendant should pay to the Plaintiff the amount of KRW 2,208,00 (=3,680,000 x 60%) equivalent to 60% of the cost of repairing the Plaintiff’s vehicle, other than the self-paid share, which is determined by the fault ratio of the Plaintiff’s vehicle.

(b).

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