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(영문) 서울중앙지방법원 2017.07.12 2016가단5264290

구상금

Text

1. The Defendant: (a) KRW 23,800,000 for the Plaintiff and 5% per annum from September 14, 2016 to July 12, 2017.

Reasons

1. Facts of recognition;

A. With respect to A (hereinafter “Plaintiff”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B (hereinafter “Defendant”), respectively.

B. On May 6, 2016, around 12:25, there was an accident in which the front side of the Defendant’s vehicle, who was making a left-hand turn to the mountain village from the right side of the wooden village, and the front side of the Plaintiff’s vehicle, who was directly engaged in the left-hand turn at the right side of the moving direction of the Defendant’s vehicle, was in conflict (hereinafter “instant accident”).

C. Due to the instant accident, the Plaintiff’s vehicle was destroyed to the extent that the repair cost equivalent to the vehicle value is required, and on September 13, 2016, the Plaintiff paid KRW 34,000,000 of the vehicle insurance money to the insured (hereinafter “instant insurance money”).

【Ground of recognition】 The fact that there is no dispute over the grounds for recognition, each entry or video of Gap evidence 1 through 4, and 7 (including the provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident occurred due to the Plaintiff’s fault at an intersection without signal apparatus without properly verifying the Plaintiff’s vehicle driven at the left and narrow left, and the responsibility ratio of the Defendant’s vehicle is at least 80%. The Defendant’s assertion that the instant accident occurred due to the Plaintiff’s unilateral negligence by the driver of the Plaintiff’s vehicle, who neglected to keep the vehicle at front and left and left at a rapid speed without driving, even though the Defendant’s driver entered the intersection.

B. Article 25(2) of the Road Traffic Act provides that “When the driver of any motor vehicle intends to make a left-hand turn at the intersection, he/she shall go slowly along the intersection along the median line of the road, and turn to the left at the center of the intersection,” and Article 26(4) of the Road Traffic Act does not regulate traffic.