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(영문) 서울중앙지방법원 2020.07.07 2019가단5098326
구상금
Text

1. The Defendant’s KRW 17,984,810 for the Plaintiff and KRW 5% per annum from December 1, 2018 to July 7, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”). The Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On November 8, 2018, around 09:23, the Plaintiff’s vehicle used the road 120 electrical safety work prior to the project to the innovation city from E University to the innovation city, along with the progress signal, at the fourth-lane intersection, at the opposite one-lane of green signal, there was an accident that conflicts between the front side of the Defendant’s vehicle’s right side and the front side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The location of the instant accident is the place where the Defendant’s vehicle is able to turn off to the middle Eastern Park from the inside of the innovation city.

In the instant accident, the Plaintiff destroyed the Plaintiff’s vehicle, and on November 30, 2018, the Plaintiff paid KRW 30,030,000 of the insurance money for self-vehicle damage to the Plaintiff, and there was no share of the Plaintiff’s insured.

E. On June 19, 2019, the Defendant paid KRW 9,000,00, which is a part of the damages of the Plaintiff’s vehicle, to the Plaintiff on the grounds that the Defendant’s vehicle was destroyed by the instant accident, and the Defendant’s share of the Defendant’s vehicle was KRW 500,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 7 (including numbers for each type of evidence), the F Association President of this Court, and each fact-finding with respect to the former Jinjin Police Chief, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the instant accident occurred by negligence of the Defendant’s driver, and sought payment of KRW 9,00,000,000 remaining after deducting the amount of KRW 30,030,000 from the Defendant’s total insurance money paid from the Defendant.

(b).

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