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(영문) 서울중앙지방법원 2020.02.18 2018나84234
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

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

A. On March 15, 2018, the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”) Defendant Insured vehicle (hereinafter “Defendant’s vehicle”) (hereinafter “Defendant’s vehicle”)’s insured vehicle CD temporary 14:40 on March 15, 2018, when the Plaintiff’s vehicle in the instant underground parking lot located in the Busan Seo-gu E underground parking lot passes through the shooting distance intersection in the underground parking lot, the Defendant’s vehicle was straighten from the right side of the Plaintiff’s vehicle, and the Defendant’s vehicle was shocked by the

Details of the payment of insurance proceeds 4,640,520 won on May 9, 2018

B. The instant accident was caused by the negligence of the Defendant’s driver who entered the intersection without examining the Plaintiff’s vehicle properly.

However, it seems that the plaintiff's vehicle could avoid the accident due to continuous operation, etc. by examining whether there are other vehicles entering the intersection in passing through the intersection. However, the negligence of the driver of the plaintiff's vehicle caused the accident in this case.

In light of the background of the instant accident, the shock of the vehicle, etc., it is reasonable to view the fault ratio between the Plaintiff and the Defendant’s vehicle as 20:80.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings

C. The defendant's duty to demand reimbursement of KRW 3,712,416 ( = 4,640,520 x 0.8)

2. The decision of the first instance court at the same conclusion is justifiable, and the defendant's appeal is dismissed as it is without merit.

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