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(영문) 광주지방법원 2020.11.13 2020나58075
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C and D vehicles owned by C (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with E and F vehicles owned by it (hereinafter “Defendant vehicle”).

B. On January 22, 2019, around 18:53, the Plaintiff’s vehicle entered the instant intersection at the intersection where the traffic control is not performed on the road in the court distance distance in the south-west, South-west, west-gun, Seoul Special Metropolitan City (hereinafter “instant intersection”). On January 22, 2019, the Plaintiff’s vehicle entered the intersection while driving a one-lane road in one way on the right side of the Plaintiff’s vehicle. In the process, the Plaintiff’s vehicle entered the instant intersection while driving a one-lane road on the right side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. Around December 2019, the Plaintiff destroyed the Plaintiff’s vehicle due to the instant accident, and the Plaintiff paid KRW 2,54,500,000, excluding KRW 500,000, out of the repair cost of the Plaintiff’s vehicle.

On July 22, 2019, the Plaintiff filed a request with the G Deliberative Committee on Automobile Insurance (hereinafter “Deliberative Committee”) to deliberate on the ratio of negligence, and the Deliberative Committee decided to deliberate on and coordinate that the ratio of liability between the Plaintiff and the Defendant’s vehicle is 50%: 50%.

E. According to the above deliberation and resolution decision, the Defendant paid KRW 1,522,250 to the Plaintiff the amount equivalent to 50% of the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries and images of Gap's evidence 1 to 3, 5 to 7, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's alleged vehicle entered the instant intersection first, and the accident of this case occurred due to the defendant's vehicle's duty of concession driving under Article 26 of the Road Traffic Act and the duty of slowly driving or temporary suspension under Article 31 of the Road Traffic Act.

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