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(영문) 서울중앙지방법원 2019.10.31 2019나27429 (1)
구상금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff vehicles”). The Defendant is the owner of the E vehicle (hereinafter “Defendant vehicle”), and the Co-Defendant C Co-Defendant C Co-Defendant of the first instance judgment (hereinafter “Co-Defendant”) is the insurer who entered into an automobile insurance contract with respect to F vehicles (hereinafter “Co-Defendant”).

B. On June 29, 2018, around 15:04, the Plaintiff’s vehicle was driving five lanes among five lanes in Newcheon-dong, Songpa-gu, Seoul. When the Defendant’s vehicle changed the course from four lanes to five lanes, the Nonparty’s vehicle, which was preceding on the fourth lane, stopped on the five-lane way, and the Defendant’s vehicle turned down the back part of the right side of the Defendant’s vehicle to the front part of the Plaintiff’s left side.

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

On July 19, 2018, the Plaintiff paid KRW 2,040,90,00 as insurance money after deducting KRW 300,000 of the self-paid cost for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 to 8 (including branch numbers for those with a branch number) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the instant accident occurred concurrently with the Defendant’s vehicle that was parked at the same time while changing course and stopped, and the Plaintiff paid insurance money to the Plaintiff’s owner’s damage caused by the instant accident. As such, the Defendant is jointly obligated to pay the Plaintiff the indemnity amount and the damages for delay, jointly with the Nonparty Company, to the Plaintiff who exercises the Plaintiff’s right to claim damages.

B. In full view of the aforementioned basic facts and the purport of the entire arguments, the following circumstances, namely, the non-party vehicle, even though the Defendant’s vehicle following the vehicle had first changed its course, was trying to change its course without delay.

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