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(영문) 서울중앙지방법원 2020.09.29 2019가단42540
청구이의의 소
Text

The Seoul Central District Court 2019 Ghana21502 decided to recommend the execution of the case against the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established for the purpose of passenger transport business, etc., and is the user of Csi (hereinafter “Plaintiff”) driver, who owns the Plaintiff, and the Defendant is the insurer who concluded the automobile insurance contract with D vehicle (hereinafter “Defendant vehicle”).

B. On February 1, 2019, around 12:14, the driver of the Plaintiff’s vehicle stopped in order to get off passengers while driving four lanes in front of the Gangnam-gu, Gangnamnam Station in Gangnam-gu, Seoul, and the Plaintiff’s vehicle and the Defendant’s vehicle driving on the right side of the Plaintiff’s vehicle in order to enter the right side of the Plaintiff’s vehicle and the Plaintiff’s back door to the right side of the vehicle (hereinafter “instant accident”).

C. Under an insurance contract, the Defendant paid KRW 1,156,400 to the repair cost of the Defendant vehicle until February 18, 2019.

As to the instant accident, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 1,156,400 of the insurance money paid at the repair cost of the Defendant’s vehicle, asserting that the negligence of the Plaintiff’s vehicle was 100%

(Seoul Central District Court 2019 Ghana 21502 Indemnification). (e)

On August 13, 2019, the above court rendered a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) stating, “The defendant (the plaintiff of this case) shall pay to the plaintiff (the plaintiff of this case) 1,156,400 won with 5% per annum from February 19, 2019 to the delivery date of a duplicate of complaint, and 12% per annum from the next day to the full payment date.”

On September 3, 2019, the Plaintiff did not raise an objection even after receiving the instant decision on performance recommendation, and the decision on performance recommendation became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, or the purport of the whole pleadings

2. Determination

(a) The driver of any motor vehicle shall be within 5 meters from the corner of the road;

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