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(영문) 서울중앙지방법원 2014.12.19 2014나46197
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is the insurer who has concluded the automobile insurance contract with B (hereinafter “Defendant”).

B. (1) On July 6, 2013, C driving the Plaintiff’s vehicle on or around 10:05, and driving the same route as the three-lanes located in Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, Seoul, to the area of the chemical flow distance from the military intersection to the area of the chemical flow distance, and as a part between “D Real Estate” and “E” (hereinafter “instant access road”).

(ii) At the corner of the entrance of the access road to the instant case, the Defendant vehicle at G driving was under stop, but the Defendant vehicle was under stop in order to transfer the vehicle to the customer.

3) In the process of attempting to enter the right-hand road into the instant access road using a narrow space on the left-hand side of the Defendant’s vehicle even though the vehicles were in the opposite lane of the instant access road, C followed the Defendant’s vehicle in front of the left-hand part of the Defendant’s vehicle (hereinafter “instant accident”).

(C) According to the agreement on security for self-vehicle damage, the Plaintiff paid insurance money to KRW 688,000 as the repair cost of the Plaintiff’s vehicle damaged by the instant accident (hereinafter “instant repair cost”).

D. D.

On January 20, 2014, the decision of the committee for deliberation on indemnity and the committee for deliberation on indemnity of the instant lawsuit rendered a decision to deliberate and coordinate on the rate of fault between the Plaintiff and the Defendant’s vehicle 50: 50 on the ground that “The data submitted alone are insufficient to recognize either of the two claims, and thus it is reasonable to equally divide the damages.”

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