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(영문) 서울중앙지방법원 2019.12.24 2019나56786
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the owner of C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with the owner of D Vehicle (hereinafter “Defendant Vehicle”).

B. On October 14, 2018, the Plaintiff’s vehicle left the left-hand turn at the intersection where no signal lights, etc. is sent near the Seodong-gu Incheon Metropolitan City, and shocked the left-hand part of the Defendant’s vehicle’s left-hand turn from the left-hand part of the Plaintiff’s vehicle to the lower-hand part of the lower-hand part

(hereinafter “instant accident”).

C. On October 26, 2018, the Plaintiff paid KRW 1,288,000 (excluding self-paid KRW 334,000) in the name of the Plaintiff’s repair cost due to the instant accident to the Plaintiff’s repair business entity.

[Ground of recognition] Facts without dispute, Gap 1 through 8, purport of the whole pleadings

2. In full view of the following circumstances revealed by the above recognition facts and the evidence mentioned above, namely, the Plaintiff’s vehicle started to turn to the left prior to the Defendant’s vehicle; the Plaintiff’s vehicle stops almost at the same time, and the left turn to the front of the Plaintiff’s vehicle; the shock level is the back part of the Plaintiff’s vehicle; however, if the Plaintiff’s vehicle wants to turn to the left on a narrow road without signal, it appears that the Defendant’s vehicle had a duty of care to avoid shock by properly examining the progress of the Defendant’s vehicle on the left-hand side while attending with the Defendant’s vehicle going to a narrow road without signal, it cannot be deemed that there was no fault on the part of the Plaintiff’s vehicle; however, the negligence rate seems to be higher than 20% on the part of the Defendant’s vehicle; and

Therefore, the Defendant paid insurance money under the name of the repair cost of the Plaintiff’s vehicle due to the instant accident, and subsequently acquired the subrogation of the right to claim damages (total amount of damages 1,62,000 x 80% of the fault ratio of the Defendant’s vehicle x 334,000 won) to the Plaintiff who acquired the subrogation of the right to claim damages.

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