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(영문) 서울중앙지방법원 2018.01.19 2017나59958
구상금
Text

1. Of the judgment of the court of first instance, KRW 370,259 against the Plaintiff and its related thereto, from December 17, 2015 to January 19, 2018.

Reasons

1. Basic facts

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

B. On November 14, 2015, around 14:15, 2015, the Plaintiff’s vehicle is driving along the central line, even though the center line of yellow solid lines is installed, the Plaintiff’s front portion of the D, which was located in Changwon-si MHasi C, was opened from the room of MHaeung Hospital to the slope, and the place is a kibro where the center line of yellow solid lines is installed.

The front part of the left side of the Defendant vehicle, which was affected by the central line on the opposite side of the proceeding direction, was shocked by the front part of the left side of the Plaintiff vehicle.

(hereinafter “instant primary accident”). C.

Plaintiff

The vehicle temporarily stops immediately after the first accident, but the rapid speed of 4-5 seconds later than 40-50 meters is proceeding more than 40-50 meters.

The CCTV columns for crime prevention were shocked with the front part of the front part.

(hereinafter “instant secondary accident”). D.

On December 16, 2015, the Plaintiff paid insurance proceeds of KRW 7,424,00 at the cost of repairing the Plaintiff’s vehicle.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 3 and 10, Gap evidence Nos. 4 through 9, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s Defendant’s vehicle is running along the center line on the hubway.

Since the accident of this case 1 and 2 occurred by shocking the Plaintiff’s vehicle that was normally driven at the opposite lane, the Defendant, the insurer of the Defendant vehicle, is obligated to pay the Plaintiff the total amount of the insurance money equivalent to the repair cost paid by the Plaintiff in accordance with the insurer subrogation doctrine under Article 682 of the Commercial Act.

B. The instant primary accident occurred by negligence between the Plaintiff and the Defendant’s vehicle, and the amount of damages incurred by the Plaintiff’s vehicle is KRW 740,518, which is equivalent to the repair cost for the fronter and fronter part.

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