beta
(영문) 서울남부지방법원 2020.06.18 2019나57174

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to D Vehicle (hereinafter “Defendant”).

B. On November 19, 2017, around 12:35, 2017, the Plaintiff’s vehicle: (a) went to the left-hand turn in order to enter the eth line from the first line to the second line on the T-type T-type road without a front signal; and (b) caused an accident where the damaged vehicle was destroyed due to a collision with the F-type vehicle (hereinafter “victim”) on the left-hand side of the proceeding direction; and (c) the driver of the victimized vehicle was injured.

(hereinafter referred to as “instant accident”). C.

The defendant vehicle was parked in one lane of the 2.49m wide, 2.85m high, and 8.15m long at the time of the accident in this case, at the time of the occurrence of the accident in this case, in one lane of the 2nd line road.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 to 11 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred not only due to the driving negligence of the Plaintiff’s vehicle, but also to the location where the stopping of the vehicle is prohibited, and the fault ratio of the Defendant’s vehicle is at least 20%.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 20,325,880 equivalent to 20% of the medical expenses and damages paid by the Plaintiff to the driver of the victimized vehicle, and the damages for delay.

3. The following circumstances that can be recognized by the evidence revealed earlier, namely, ① the time of the instant accident, the Plaintiff’s driver appears to have been aware of the parking condition of the Defendant’s vehicle at the time of the occurrence of the accident, ② the road driven by the Plaintiff’s vehicle is one lane and the road driven by the damaged vehicle is two lanes, and the Plaintiff’s vehicle without a preferential right of passage enters the intersection.