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(영문) 서울중앙지방법원 2016.07.15 2015나64505

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into a comprehensive automobile insurance contract with respect to the Plaintiff Company B (hereinafter referred to as the “Plaintiff”), and the Defendant is a driver at the time of the accident following the Defendant Company C (hereinafter referred to as the “Defendant Vehicle”).

B. Around 10:00 on October 18, 2013, the driver of the Plaintiff’s vehicle: (a) driven the Plaintiff’s vehicle and driven the Defendant’s vehicle parked in the direction of the right turn to turn to the right from the transmitting station in the Songsan Park in the opposite direction while driving the vehicle in the direction of the Songsan Park at the first lane in the middle of the three-lanes in the direction of the Triju Park.

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

By October 31, 2013, the Plaintiff paid insurance proceeds of KRW 3,925,160, and KRW 3,262,030 at the repair cost of the Plaintiff’s vehicle, respectively, due to the instant accident.

[Reasons for Recognition] Facts without dispute, entry or video of Gap evidence 1 through 9 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. In light of the following circumstances, namely, in light of the signal system and interval at the point where the accident occurred, the Plaintiff’s vehicle appears to have been under normal driving in accordance with the straight line. On the contrary, in full view of the fact that the front vehicle stopped in the front signal at the right turn, but attempted to turn to the left without delay in violation of the signal, it is reasonable to deem that the accident in this case was caused by the Defendant’s negligence of neglecting the duty of front-time watch and failing to turn to the left in violation of the signal signal.

B. Therefore, the Defendant’s total sum of KRW 7,187,190 (i.e., KRW 3,925,160, and KRW 3,262,030) paid by the Plaintiff, who is the insurer of the Plaintiff’s vehicle, and as sought by the Plaintiff, from November 1, 2013 to July 21, 2015, the day following the last payment of the insurance money.