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(영문) 서울중앙지방법원 2020.09.15 2019나45441
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On March 22, 2018, the insured vehicle (hereinafter “Plaintiff”) Defendant Insured Vehicle (hereinafter “Defendant Vehicle”) (hereinafter “Defendant Vehicle”)’s insured vehicle CD temporary 05:46 on March 22, 2018, F local highway (two lanes) located in E at the time of the fact-finding on March 22, 2018, the background of the instant accident ① G vehicle (referred to Ma1, this also is the Defendant’s insured vehicle) runs one-lane from the IC where the instant accident occurred to H apartment.

In the ice section, the I vehicle (victimd vehicle) in the two-lanes are shocked, and as a result, the damaged vehicle was stopped in the reverse direction in the first lane.

② The part of the driver’s seat in front of the damaged vehicle was shocked by the part of the driver’s seat in front of the damaged vehicle, and then the J vehicle (Ma3 Vehicle) shocked the back of the damaged vehicle’s seat in front of the driver’s seat on the front side.

③ In other words, the Defendant vehicle opened the front part of the driver’s seat and the driver’s seat of the damaged vehicle, and shocked the victim’s K and parked on the side, and shocked the Plaintiff’s vehicle and the Ma3-vehicle.

As a result, the victims suffered injuries that need to be treated for 15 weeks.

(hereinafter “instant accident”). (b)

The Defendant paid KRW 91,798,278 as damages incurred from the instant accident, such as medical expenses of the victim, and requested the deliberation of L Committee to seek reimbursement from the Plaintiff, and the said Committee decided the Defendant’s fault ratio of KRW 90:5:50 on May 22, 2019, the Plaintiff paid KRW 4,589,960 to the Defendant in accordance with the mutual agreement on the deliberation of the dispute over the claim for reimbursement of automobile insurance.

[Grounds for Recognition] A.1 to 5, 7, B.1, 2, 4, 7 (including each number), the purport of the entire pleadings

2. The Plaintiff’s assertion is that the victim, who is the driver of the damaged vehicle, moves out of the road after the accident.

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