logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.20 2020나9335
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

B. On May 29, 2019, around 07:50 on May 29, 2019, the Plaintiff’s vehicle stopped from the two-lanes of F2 Factory E, the two-lanes in front of the two-lanes of the two-lanes of the F2 Factory E, and changed the course to the one-lanes, and the Defendant’s upper part behind the right side of the Plaintiff’s vehicle running along the two-lanes of the center line where the vehicle was running along the one-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes.

(hereinafter “instant accident”). C.

On June 18, 2019, the Plaintiff paid 3,669,000 won for the repair cost of the Plaintiff’s vehicle due to the instant accident (the self-paid 500,000 won) as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, Eul evidence Nos. 3 and 4, video, the purport of the whole pleadings

2. Judgment on the plaintiff's right to indemnity

A. The following circumstances, which are acknowledged by comprehensively considering the evidence and the purport of the entire pleadings as revealed in the above recognition of the error ratio, that is, the Plaintiff’s vehicle provided the cause of the instant accident by changing the course without sufficiently checking the traffic situation of the latter side of the vehicle at the time of changing the course into the one lane, which is a two-lane running ahead of the vehicle at the end of the vehicle, and without using the direction direction, etc., and the Defendant’s vehicle is passing ahead of the instant accident without stopping even though it was confirmed the vehicle seeking to change the course from the two-lanes to the one-lane, which is the body of the vehicle at the end of the vehicle at the end of the vehicle at the center, and causing the instant accident, in light of the background of the accident, the situation of the collision, and the degree of damage, etc., the instant accident in

It is reasonable to view that the ratio is 50:50 in light of the above circumstances.

(b) scope of indemnity;

arrow