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(영문) 서울중앙지방법원 2019.05.29 2018나81785

구상금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

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

At the time of the accident, the insured vehicle D E, June 2018, at the time of the accident, and around 20:39 on June 5, 2018, the insured vehicle D E, the insured vehicle of the Plaintiff, left left the left-hand turn in accordance with the signals of the G cafeteria located in the G Y-gu G Y-gu G Y-si, G-si, G-si, the Plaintiff’s vehicle entering the road that is facing the Plaintiff’s right-hand turn to the right-hand turn at the intersection of the distance, and the Defendant’s vehicle entering the road that is facing the Plaintiff’s right-hand side to the course of the Plaintiff’s vehicle, is making a large right-hand turn to the one-lane, and there is no dispute over the payment of the insurance money paid for the accident that the collision of the parts of the Plaintiff’s driving vehicle with the head of the vehicle

2. Determination:

A. In light of the following circumstances, it is reasonable to view that the instant accident occurred due to the negligence of the Defendant’s driver.

① The Plaintiff’s driver was at the right turn to the left at the intersection, and in particular, the Plaintiff’s driver was at the right turn to the left at the intersection and was at the right turn to the two-lane.

② On the other hand, in the opposite direction of the Plaintiff’s vehicle, the driver of the Defendant’s vehicle intrudes the first two-lanes of the two-lanes of the Plaintiff’s vehicle, and caused the instant accident, which led to the shock of the front door of the Plaintiff’s vehicle.

③ As such, it seems difficult to expect that the driver of the Plaintiff’s vehicle, who entered the intersection first after making a left-hand turn and was normally driven by the driver of the Plaintiff’s vehicle, who moved by right-hand from the opposite direction to the right-hand side, would not be able to take safety measures to prevent the collision of the Plaintiff’s vehicle.

B. Therefore, the Defendant, who is the insurer of the Defendant vehicle, subrogated the Plaintiff’s right to claim damages.