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(영문) 서울중앙지방법원 2019.06.04 2018나69600
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

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

A. On November 16, 2018, the insured vehicle (hereinafter referred to as “Plaintiff vehicle”) Defendant Insured vehicle (hereinafter referred to as “Defendant vehicle”)’s insured vehicle (hereinafter referred to as “Defendant vehicle”)’s insured vehicle (hereinafter referred to as “Defendant vehicle”) at the time of the accident, around 10:03 on November 21, 2017, the Plaintiff vehicle in front of the Si Office of Sinsan-si, Sinsan-si, Sinsan-si, in violation of the signal signal instruction and the Defendant vehicle in front of the Sinsan-si, who was in a position exceeding 50 km/h of the speed of the limitation on the roads adjacent to the U.S. vehicle

B. The instant accident, based on fault determination, was issued by the negligence of the Plaintiff’s vehicle that violated the signal and that of the U.S. class.

However, the defendant's vehicle also contributed to the occurrence of accident and the expansion of damage by overworking.

In light of the background of the instant accident, the degree of excess on the Defendant’s vehicle, etc., it is reasonable to view the negligence ratio between the Plaintiff’s vehicle and the Defendant’s vehicle as 90:10.

[Ground of recognition] A without dispute, Gap's 1 through 7, Eul's 1 to 3-2, the purport of the whole pleadings

C. Defendant’s duty of indemnity of KRW 2,097,200 ( = 20,972,000 x 0.1)

2. The decision of the first instance court at the conclusion is consistent with this conclusion, and the plaintiff's appeal is without merit.

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