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(영문) 서울중앙지방법원 2019.05.16 2018나53988

구상금

Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is rendered in accordance with paragraph (1).

Reasons

1. The circumstances leading to the instant accident are as follows.

On January 13, 2017, 14:15 on January 13, 2017, 2017, the insured vehicle CD of the insured vehicle of the Plaintiff insured vehicle, at the time of the accident, tried to pass through the intersection beyond the central line in order to find out and proceed with the vehicle at the 1353-distance intersection at the time of the collision with the location of the location of the vehicle at issue, and to pass through the intersection in order to pass ahead of the vehicle while driving on the said road, the insured vehicle of the Defendant insured vehicle (hereinafter referred to as the “Defendant vehicle”) at the time of the accident. The full part of the driver’s seat of the insured vehicle of the Plaintiff insured vehicle, which is left left to the opposite direction of the Defendant vehicle proceeding at the said intersection, is without any dispute over the payment of shock insurance proceeds, the amount of shock insurance proceeds, 055, 510 won (repair cost) self-loss [based], the purport of each entry

2. The Plaintiff asserts that the instant accident occurred due to the unilateral negligence of the driver of the Defendant vehicle seeking to pass through the intersection by the central line, and asserts that the Plaintiff subrogated the victim’s right to claim compensation on the basis of subrogation by the insurer. Accordingly, the Defendant asserts that the Plaintiff’s negligence by the driver of the Plaintiff vehicle, who did not sufficiently examine the vehicle driving at least 40% when entering the intersection and did not sufficiently turn to the left.

In light of all the circumstances, such as the fact of recognition and the background of the accident, the degree of conflict and shock, etc., the accident of this case occurred by the whole negligence of the defendant vehicle due to the collision of the yellow real line in order for the defendant vehicle to overtake the vehicle moving through the front intersection during the course of driving the front line of the road, and the situation cannot be predicted at all, and the accident of this case occurred due to the shock of the front seat of the plaintiff vehicle that entered the intersection to the normal intersection and left left.