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(영문) 서울중앙지방법원 2019.05.21 2018나49682

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. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On February 5, 2018, at the location of the insured vehicle (hereinafter “Defendant vehicle”), Defendant Insured vehicle (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”), such as the circumstances of the accident, and the situation of the collision between the distance accidents at the entrance of the World Cup stadium in Seo-gu, Gwangju, the location of the 19:24, at the time of the accident (hereinafter “Defendant vehicle”), the Plaintiff vehicle started with the left-hand turn at the one-lane, and the Defendant vehicle, who was driven at the two-lanes, went out of the crosswalk and left-hand turn at the two-lane, conflict between the two-lane and the left-hand side of the Defendant vehicle.

Details of the payment of insurance proceeds on February 28, 2018, 465,500 won on the Plaintiff’s vehicle

B. At the time of the collision with fault determination, the Plaintiff’s vehicle can be seen as the place where the left turn to the left immediately before leaving the crosswalk section (sway section), the Defendant’s vehicle left to the left turn to the first lane, and the Defendant’s vehicle ahead of the Plaintiff vehicle and collision, etc., it is reasonable to view that the instant accident was issued as the whole fault of the Defendant vehicle, in light of the situation of the accident and the collision level.

The defendant asserts that the driver of the plaintiff vehicle conflict with the defendant vehicle by moving the vehicle in the first lane which is the left-hand way to the dwelling and moving the vehicle into the dwelling, but it is insufficient to recognize it only with the Gap 9, Eul 5, 6.

[Ground of recognition] Facts without dispute, Gap 1 through 10, Eul 1 through 5, purport of the whole pleadings

C. Defendant’s liability for reimbursement of KRW 465,00

2. The decision of the first instance court at the conclusion is consistent with this conclusion, and the defendant's appeal is without merit.