beta
(영문) 서울중앙지방법원 2017.11.17 2017나41179

구상금

Text

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. In fact, the Plaintiff is an insurer who has entered into an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to the vehicle B (hereinafter “Defendant”).

At around 12:30 on September 16, 2016, the Defendant’s vehicle, who left the left at the two-lanes of the two-lane road in front of the village in the Sinsan-si, the left left-hand turn was shocked by the front corner of the Defendant’s vehicle’s right-hand left-hand at the three-lanes in the same direction.

(hereinafter “instant accident”). On October 31, 2016, the Plaintiff paid KRW 1,960,000 as the repair cost of the Plaintiff’s vehicle.

[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1 through 7, and the purport of the whole pleadings

2. Summary of both claims;

A. The Plaintiff: The Plaintiff’s vehicle was to turn to the left normally from the third lane, and the Defendant’s vehicle was to turn to the next two lanes of the Plaintiff’s vehicle, and the vehicle was to turn to the Plaintiff’s own three lanes.

Therefore, the accident of this case is caused by the total negligence of the driver of the defendant vehicle.

Accordingly, we seek reimbursement equivalent to the total amount of the insurance money paid by the plaintiff.

B. The defendant: The plaintiff's vehicle also moved ahead of the defendant's vehicle that is bound by the intersection and located in the two-lanes, so the accident in this case is caused by the negligence of both vehicle drivers.

3. The following circumstances acknowledged by the overall purport of the evidence and arguments as seen above, i.e., ① entering the intersection and making a left turn at a rapid speed along the guiding line at the three-lanes, ② Defendant vehicle was driven at the front side of the Plaintiff vehicle at the two-lanes, but the left turn at the rapid speed of the Plaintiff vehicle, and the Defendant vehicle was driven at the right turn at the rapid speed of the Plaintiff vehicle, and the Defendant vehicle was driven at the left turn with the Plaintiff vehicle, even before the instant accident occurred.