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(영문) 춘천지방법원 2015.04.17 2014나3263

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

The first instance court.

Reasons

1. Basic facts

A. A, around 18:20 on April 28, 201, operated a B-to-faced vehicle at the short-term drive in the short-term drive in the city of nuclear power, and went slowly in order to make a left-hand turn at the front of the Korea Gas Corporation, and entered the left-hand turn at the front of the Korea Gas Corporation, and confirmed whether the vehicle was driven at the opposite lane, and made a left-hand turn.

B. C around that time, while driving the above intersection D Oba and driving the A's A's hurba, entered the left-hand side of the said A-hurd motor vehicle and making a left-hand turn prior to the said vehicle, C shocked the above part of the hurba on the right-hand side of the said vehicle.

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

C caused the instant accident to be hospitalized in Samsung Hospital and Sung Hospital from April 28, 201, by suffering from the injury of the crypization of fry and cryp pel, and was hospitalized in Samsung Hospital and Sung Hospital from April 28, 201, and at the time C had maintained the Plaintiff’s workplace’s eligibility as the Plaintiff’s dependent, the Plaintiff paid KRW 1,612,440 of the Plaintiff’s charges to Samsung Hospital and Sung Hospital.

Meanwhile, the defendant is an insurance company that has entered into an automobile insurance contract including liability insurance with A.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1, 3, or 9, the purport of the whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion did not arise due to C’s violation of the prohibition of overtaking in the intersection under Article 22(3) of the Road Traffic Act, but rather A went to the center of the intersection and turn to the left two-lanes in violation of the passing method of the intersection as provided by Article 25(2) of the Road Traffic Act, and C has made a left turn to the left to the left one-lane using an empty space generated on the left side of the car driven by A, but A has a right turn to the left to the left to the first lane, but at the same time, A has a first approach to the first lane. Thus, it cannot be deemed as a prior negligence of C, and there is a negligence on A.

On the other hand, the defendant offsets the negligence.