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(영문) 서울남부지방법원 2017.01.19 2016나57166
구상금
Text

1. Revocation of a judgment of the first instance;

2. From March 11, 2016 to March 18, 2016, the Defendant’s KRW 1,313,000 to the Plaintiff.

Reasons

1. The plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicle (hereinafter "Plaintiff vehicle"), and the defendant is the insurer who has entered into the comprehensive automobile insurance contract with respect to B vehicle (hereinafter "Defendant vehicle"), there is no dispute between the parties.

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff’s vehicle driven the fourth line among the roads of the fifth line, but the Defendant’s vehicle driven on the third line did not turn on the direction direction, etc., and the Plaintiff’s vehicle changed to the fourth line on its own, and the Plaintiff’s vehicle was destroyed by shocking the front left part of the Plaintiff’s vehicle to the front right part of the Defendant’s vehicle.

Since the Plaintiff paid KRW 1,313,00 for the repair cost of the above vehicle, the Defendant is obligated to repay the repair cost of KRW 1,313,00 to the Plaintiff.

B. The Defendant’s assertion that the instant accident occurred is an accident that causes the shock of the Defendant’s vehicle that was parked on the fifth line to enter the fourth line, while the Plaintiff’s vehicle was trying to enter the fourth line with the fourth line, and the Defendant’s vehicle was shocked into the front part of the right line in the event of force majeure. As such, the Plaintiff’s claim is without merit since it was an accident by the total negligence of the Plaintiff’s vehicle.

3. On March 9, 2016, around 06:15, the driver of the Plaintiff’s vehicle is proceeding from the 4th line of the 5th line, which is the front line of the D industry company in the Nam-gu Incheon Metropolitan City, to the 4th line of the 5th line of the 5th line of the 5th line of the 5th line of the 4th line of the 4th line of the 5th line of the 4th line of the 5th line. The Defendant’s driver changed the course from the third line behind the Plaintiff’s vehicle, which is the left side of the 3rd line of the 5th line of the 5th line of the 5th line of the 5th line of the 5th line of the 5th line of the 5th line of the 5th line of the 5th line of the 5th line of the 5th line of the 5th line of the 1st vehicle, and caused an accident that shocks the parts behind the upper vehicle.

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