(영문) 서울남부지방법원 2019.05.09 2018나66096

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(영문) 서울남부지방법원 2019.05.09 2018나66096

구상금

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. As to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with the Defendant’s vehicle D (hereinafter “Defendant’s vehicle”).

B. Around October 16, 2017, the Plaintiff’s driver driven the Plaintiff’s vehicle and shocked with the Defendant’s vehicle running along the intersection at the intersection, while going through the intersection without signal prior to the international mail delivery center at the south International Airport of Incheon, Jung-gu, Incheon, Jung-gu.

(hereinafter “instant accident”). C.

On October 26, 2017, the Plaintiff paid KRW 875,800 for the repair cost of the Plaintiff’s vehicle due to the instant accident (excluding KRW 218,000) as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the accident of this case is deemed to have occurred due to the principal negligence of the driver of the defendant vehicle driving ahead of the central line installed on the road.

However, the plaintiff's driver, as a driver of the vehicle, shall be deemed to have been negligent in temporarily suspending the vehicle at the stop line installed at the intersection, or making a bypassing the right and the right, and the above negligence of the plaintiff's driver shall also be deemed to have caused the occurrence of the accident in this case and the expansion of damage, so the defendant's responsibility shall be limited to 90%.

Therefore, the plaintiff can claim against the defendant 984,420 won (=1,093,800 won x 90%) equivalent to the defendant's liability ratio among the total damages of the plaintiff 1,093,800 won of the plaintiff 1,09,800 won of the plaintiff 218,000 won of the plaintiff 1,000 insurance money (i.e., 1,093,800 won of the plaintiff 218,000 won of the plaintiff 1,000 won of the plaintiff 1,093,800 won of the plaintiff 1,000 won of the plaintiff 2,000 won of the plaintiff 1,06,420 won of the plaintiff 2,00 won

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