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(영문) 서울중앙지방법원 2019.11.27 2019나35642 (1)
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 an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On September 17:22, 2017, the Defendant’s vehicle was driven along the first lane of the 4-lane road near the Gangnam-gu Seoul EM department store (hereinafter “instant road”), and the two-lanes of the route changed, and entered the two-lane. At the same time, there was a conflict with the Plaintiff’s vehicle that used to turn on the right of the Defendant’s vehicle.

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

As a result of the instant accident, the Plaintiff’s vehicle was destroyed by the backer and penter on the left side, and the Defendant’s vehicle was destroyed by the fronter and penter on the right side.

On January 12, 2018, the Plaintiff paid insurance proceeds of KRW 2,073,00,00, which deducts KRW 888,000 of the Plaintiff’s self-paid cost (= KRW 2,961,000 - KRW 888,000) to the Plaintiff’s repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground for Recognition: Facts without a partial dispute, Gap evidence 1, 2, 4 through 6, 8, Eul evidence 2 and 4, and the purport of whole pleadings]

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the instant accident occurred by changing the course of the Plaintiff’s own vehicle on the lane in which the Defendant’s vehicle was in a straight line without properly verifying the rear side, and thus, the Plaintiff’s vehicle could not have anticipated the change of the course of the Defendant’s vehicle and could not avoid this in the vicinity. Therefore, the instant accident was caused by the negligence of the Defendant’s vehicle.

Therefore, the Defendant, who is the insurer of the Defendant vehicle, is obligated to pay the Plaintiff the insurance money paid by the Plaintiff as the repair cost of the Plaintiff vehicle, to the Plaintiff as the insurer of the Plaintiff vehicle, KRW 2,073,00, and delay damages.

B. The defendant's argument of this case is the plaintiff.

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