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(영문) 서울남부지방법원 2019.01.18 2018나58354

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. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to D Village Bus (hereinafter “Defendant Bus”).

B. On June 21, 2017, around 17:55, in the private distance near the area E in Sungnam-si, Sungnam-si, the part on the right side of the Plaintiff’s bus, while the Plaintiff’s vehicle was in active service from the direction of the Jin high school to the direction of active service along with the three-lane straight lines and the left-hand turn turn turn from the right side of the Plaintiff’s bus, the part on the right side of the Plaintiff’s bus, while bypassing from the right side of the Plaintiff’s vehicle to a large radius of the Defendant bus, was shocked.

(hereinafter “instant accident”). C.

On October 10, 2017, the Plaintiff paid 24,500,000 won (the amount excluding 500,000 won) at the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Facts without dispute, entry and video of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s vehicle is a traffic accident caused by the Defendant bus’s unilateral negligence, as the instant accident occurred, since the Plaintiff’s vehicle was an accident due to the Defendant bus’s failure to move to an opposite lane, while moving to a large radius of radius.

7,00,000 won (=24,500,000 - 17,500,000 won) with the exception of 17,500,000 won partially paid by subrogation of the insurer under the Commercial Code.

(2) The instant accident occurred by the Defendant’s failure to drive safely and without speed, while Defendant bus first entered the intersection. However, the instant accident occurred due to concurrent negligence without speed.

Plaintiff

The fault of the vehicle must be assessed to the extent of 30%.

B. According to Article 25(1) of the Road Traffic Act, the driver of any motor vehicle is running along the right side of the road in advance when intending to make a right-hand through the intersection.