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(영문) 서울중앙지방법원 2019.08.27 2018나74695
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

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

A. On February 9, 2018, the insured vehicle (hereinafter “Plaintiff vehicle”) Defendant insured vehicle (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”)’s insured vehicle CD temporary 201:03 on February 9, 2018, and the situation of collision of the accident of this case to the intersection in the Ma apartment underground parking lot in Sungnam-gu, Manam-si, Manam-si, as shown in the attached summary, the Defendant vehicle entered the intersection from the right side to the left side of the road where the speed of speed prevention is set off, and met the Plaintiff vehicle’s right side of the vehicle directly entering the intersection.

Details of the payment of insurance proceeds of 10,340,000 won by March 15, 2018 (excluding self-charges)

B. The first instance court ordered the Defendant to pay the amount of KRW 7,238,00 and the amount calculated at the rate of KRW 5% per annum from March 15, 2018 to October 12, 2018 and 15% per annum from the following day to the date of full payment, considering the source of the instant accident and the rate of negligence of Defendant vehicle 30:70.

In light of the aforementioned circumstances, the Plaintiff’s vehicle appears to have entered the intersection in light of the background of the instant accident, the source immediately before the instant accident, the location and speed of the Defendant’s vehicle’s intersection, and the impact of the vehicle, and the Defendant’s vehicle’s operation, etc. was not able to turn on until the collision. In light of the fact that the instant accident occurred due to the negligence of the Defendant’s driver who did not properly look at the existence of the Defendant’s vehicle, while temporarily stopping or slowing at the intersection when entering the intersection.

The plaintiff's driver is presumed to have been unable to avoid the collision with the defendant's vehicle, so it is difficult to view the plaintiff's driver's negligence in the accident of this case.

[Grounds for Recognition] Uncontentious Facts, Gap 1 through 10, the purport of the whole pleadings

C. Defendant’s duty of indemnity of KRW 10,340,00 ( = 10,340,000 x 1.0)

2. If so, the defendant 10,340,000 won and 7.0 as cited by the first instance court among the plaintiff.

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