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(영문) 수원지방법원 2020.11.04 2020가단500767
구상금
Text

1. The Defendant’s KRW 18,237,160 as well as the annual rate of KRW 5% from July 5, 2019 to November 4, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to the automobile E (hereinafter “Defendant”), with respect to the automobile D (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to the automobile E (hereinafter “Defendant”).

B. (1) The date and time of the instant accident: around 10:48 on February 7, 2019, the place where the instant accident occurred: the intersection of the on-and-off signal system between the 1st line road and the 2nd line road in the latitude-gu Seoul Special Metropolitan City (hereinafter “instant intersection”): the intersection of the instant intersection is the intersection of the instant intersection.

The Plaintiff’s vehicle driving at a one-lane of the two-lanes of the two-lanes stopped after entering the intersection, and the Defendant’s vehicle driving at the road of the first lane with a red-off signal entering the intersection does not temporarily stop but runs at a speed contrary to the speed within the children’s protection zone and entered the intersection. As such, the Plaintiff’s vehicle parked in the front part of the front part of the Defendant’s vehicle, as seen above, led to an accident attributable to the right side of the Defendant’s vehicle.

C. On July 4, 2019, the Plaintiff paid KRW 36,50,000,000,000 from the Plaintiff’s automobile repair cost to the insured of the Plaintiff’s vehicle, after deducting KRW 500,000 from the Plaintiff’s automobile repair cost. D.

The Defendant paid insurance money to the insured of the Plaintiff (1) the sum of KRW 1,762,840 from March 12, 2019 to March 28, 2019 as insurance money.

(2) Meanwhile, the liability for the substitute of the automobile insurance contract concerning the Defendant’s vehicle is the limit of KRW 20 million.

[Basis] Facts without dispute, Gap evidence 1 to 11, Eul evidence 1 to 3 (including each number in the case of additional evidence) and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The purport of the Plaintiff’s assertion lies in ① the instant accident where the Plaintiff’s vehicle was proceeding in two lanes, and the Plaintiff’s vehicle was partly entering the intersection and stopped to view the left and right.

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