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(영문) 서울중앙지방법원 2017.12.22 2017나56836

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. In fact, the Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with respect to B vehicles (hereinafter “Plaintiff vehicles”), and the Defendant is an insurer that entered into an automobile insurance contract with respect to C vehicles (hereinafter “Defendant vehicles”).

The Intervenor joining the Plaintiff (hereinafter “ Intervenor”) is the driver of the Plaintiff’s vehicle.

피고 차량은 2016. 11. 8. 09:50경 서울 노원구 D에 있는 E다방 앞 ‘ㅏ’자형 교차로에 이르러 수락산역 방향에서 상계동 두산아파트 방향으로 비보호 좌회전을 하다가 신호에 따라 노원교 방향에서 수락산역 방향으로 직진하던 원고 차량의 앞 범퍼 부분을 피고 차량의 우측 앞 범퍼 부분으로 충격하였다.

On November 24, 2016, the Plaintiff paid KRW 1,400,000 to the Plaintiff’s vehicle repair cost, etc. due to the instant accident.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 2 and the purport of the whole pleadings

2. In light of the following circumstances acknowledged by the evidence and the entire purport of oral argument at the above time, namely, ① Defendant vehicle entered the intersection when making a non-protected left-hand turn without nearly decreasing speed, ② Plaintiff vehicle entered the intersection at a two-lane thereafter by straightening from the two-lanes, and ③ the vehicle driver immediately preceding the instant accident and the vehicle driver of Defendant vehicle, as large bus stops at the one-lane, making it difficult to accurately confirm the progress of the other party vehicle. In light of the above, the instant accident was caused by the negligence of Defendant vehicle driver who made a left-hand turn to the left-hand turn at the non-protective left-hand turn without yielding the course to the Plaintiff vehicle located in the intersection, and the negligence of the Intervenor who was directly left-hand without finding it in advance even though Defendant vehicle entered the intersection, and the negligence of the Intervenor who did not find it in advance.

and the circumstances of the accident.