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(영문) 서울중앙지방법원 2015.10.15 2015나25043

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

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A car (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to B bus (hereinafter “Defendant”).

B. On February 2, 2014, at around 22:40 on February 2, 2014, the Defendant’s vehicle was faced with the Plaintiff’s vehicle moving back to the same room from the right side of the proceeding to the bank, while proceeding directly from the gallonal gallony department in Seo-gu Daejeon Daejeon, Seo-gu, Daejeon.

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

The plaintiff paid insurance proceeds of KRW 1,228,000 in total with the medical treatment costs and agreed amount of KRW 1,228,000.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and 7, or the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred in competition with each other by the negligence of the drivers of both vehicles, and thus, the Defendant is obligated to pay an amount equivalent to the ratio of liability.

3. In full view of the purport of the pleadings and arguments in each statement or image of evidence Nos. 2, 3, 5, 6, and Nos. 1 and 2, the defendant's vehicle is proceeding in accordance with a straight line and almost passing through the intersection. The plaintiff's vehicle attempted to enter a straight line. The part of the collision of two vehicles can be acknowledged that the front part of the plaintiff's front part and left part of the vehicle and the right side of the defendant's side are the front part of the vehicle, and there is no counter-proof. According to the above facts, the accident in this case occurred due to negligence that the driver of the plaintiff's vehicle tried to make a right-hand part of the vehicle without sufficiently considering the situation of the straight line. The driver of the defendant's vehicle who complied with the straight line of the vehicle and passed through the intersection is anticipated to enter the intersection in advance, regardless of the new and right-hand side of the defendant's vehicle.