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(영문) 서울남부지방법원 2020.05.08 2019나58610

구상금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to D vehicle (hereinafter “Defendant vehicle”).

B. On November 8, 2018, around 09:00, there was an accident that conflicts with the upper part of the left-hand part of the Plaintiff’s vehicle and the lower part of the left-hand part of the Defendant’s vehicle, which was located within the intersection of the crossing of the crossing by the neighboring Dong-gu E, Ansan-si.

(hereinafter referred to as “instant accident.” At the time, the Plaintiff’s vehicle runs along the two lanes of letter, entering the said intersection, and the Defendant’s vehicle proceeds in the two lanes of letter, and entered the intersection in the two lanes of letter, depending on the “non-protection line sign” sign in the straight line.

C. On November 22, 2018, the Plaintiff paid KRW 1,763,300 of the insurance money for the repair cost of the Plaintiff’s vehicle to the insured of the Plaintiff’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 5, 8, 9, 11-13, Eul evidence Nos. 1-3 and 5

2. Determination as to the cause of action

A. The Plaintiff asserts to the effect that “the instant accident occurred due to the negligence of the Defendant’s driver of the opposite vehicle without using the direction direction, etc. even though the Plaintiff’s vehicle entered the intersection of the place of the accident first and was in office in accordance with the new code, and the Defendant’s fault ratio should be 100%. Therefore, the Defendant is obliged to pay to the Plaintiff the full amount of KRW 1,763,300 insurance money paid to the Plaintiff’s driver.”

B. According to the evidence mentioned above, in particular, Gap evidence No. 13 video, the five vehicles immediately before the accident of this case were connected to the same direction as the plaintiff's vehicle prior to the accident of this case in the direction of the accident of this case, and passed the intersection of this case, the plaintiff's vehicle also entered the above intersection with the preceding vehicle immediately before the accident of this case, and the defendant's vehicle.