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(영문) 서울중앙지방법원 2017.06.23 2016나83381
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. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

C On February 4, 2016, when driving the Defendant vehicle at the Seocho-gu Seoul Metropolitan Government Seocho-gu Seocho-gu, and driving the Defendant vehicle at the Seocho-gu, Seocho-gu, Seocho-gu, and driving it along the two-lanes in the same direction as the Olympic Games, the Plaintiff’s vehicle driving in the two-lanes in the same direction changed the course of the Defendant’s future (one-lane). On the other hand, after changing the course into the two-lane, the Plaintiff’s driver will take a bath, and the Plaintiff’s driver will take a 50-meter in the direction with the Plaintiff’s one-lanes as well as the 50-meter in the middle of the Plaintiff’s vehicle. On the other hand, as the action and the Olympic end, the Plaintiff changed the course to the one-lane way that the Plaintiff’s vehicle driven on the front side of the Plaintiff’s vehicle to the left side of the Defendant vehicle.

On April 8, 2016, the Plaintiff paid insurance proceeds of KRW 3,150,000 at the repair cost of the Plaintiff’s vehicle.

The terms and conditions included in the motor vehicle insurance contract for the defendant vehicle do not compensate for damage caused by the intention of the policyholder or the registered insured.

(Article 8) [Ground for Recognition] Facts without dispute, Gap evidence 1 through 6, Gap evidence 7-3, 4, 6, 11, Eul evidence 1 through 3, or the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff: As the instant accident occurred from the total negligence of C, which attempted to alter the tea in the section where the alteration of the tea was prohibited, the Plaintiff has the right to claim the full amount of the insurance money paid by the Plaintiff against the Defendant, the insurer of the Defendant vehicle.

And at the time of the accident, C refers to the course of the Plaintiff vehicle in order to threaten and play the Plaintiff vehicle driver.

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