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(영문) 서울중앙지방법원 2018.04.26 2018나137

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. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. At around 09:30 on March 17, 2017, the Plaintiff’s vehicle, who was straighted by the “T”-type crosssection in front of the D2-type station located in C at the netcheon City, conflict with the front part of the Defendant’s vehicle, who was left left at the red on-and-off signal, and the front part of the Plaintiff’s vehicle’s driver’s seat.

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

On May 30, 2017, the Plaintiff paid 900,000 won for the repair cost of the Plaintiff’s vehicle (the 200,000 won exemption exemption amount) as insurance money.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident occurred when the Plaintiff’s vehicle was making a straight turn to the left at the intersection due to the Defendant’s right-hand turn. As the Plaintiff’s driver could not have anticipated a sudden entry of the Defendant’s vehicle, it was caused by the Defendant’s unilateral negligence. (ii) The Defendant’s vehicle entered the road by paying due attention to the left-hand turn with the Defendant’s full attention, and the Plaintiff’s vehicle went into the road without reducing the speed, and the negligence of the Plaintiff’s vehicle is at least 30%.

B. According to the above-mentioned facts and each of the above evidence, the accident of this case enters the intersection without confirming the progress of the defendant's vehicle that entered the intersection by making a left-hand turn without confirming the situation of the vehicle's driving at the intersection, even though the defendant's duty of care to prevent the accident, such as viewing the situation of the front-hand left-hand left-hand right or right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-on