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(영문) 서울남부지방법원 2019.11.08 2019나52032

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. Basic facts

A. With respect to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is the insurer who concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant’s vehicle”).

B. On July 27, 2017, the Plaintiff’s vehicle entered the two-lanes (the one-lanes in the front intersection) of the immediately upper straight line into the straight line, and left-hand turn. At the time, the Defendant’s vehicle, which was going on the opposite line to the width right at the intersection, entered the said intersection in violation of the signal, and the Plaintiff’s front right-hand side of the Defendant’s vehicle and the Plaintiff’s right-hand side of the vehicle, conflict with each other.

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

On November 30, 2017 and December 1, 2017, the Plaintiff paid insurance proceeds of KRW 9,408,280 at the cost of repairing the Plaintiff’s vehicle due to the instant accident.

(other than 500,000 won). [Grounds for recognition] / [The fact that there is no dispute, Gap evidence 1 through 5, 7, Eul evidence 1 and 2, and the purport of the whole of the images and pleadings.

2. Determination on the cause of the claim

A. According to Article 5(1) of the Road Traffic Act, the driver of the instant accident must follow signals and instructions expressed by traffic safety facilities.

However, according to the above facts of recognition, the driver of the plaintiff vehicle and the driver of the defendant vehicle enter the intersection in violation of the signal and caused the accident of this case, so the accident of this case is recognized that the negligence of the driver of the plaintiff vehicle and the driver of the defendant vehicle conflict with each other.

However, in full view of all the circumstances such as the fact that the driver of the plaintiff's vehicle first entered the intersection, road situation, the degree of collision, and the degree thereof, the fault ratio of the driver of the plaintiff's vehicle and the driver of the defendant's vehicle in the accident in this case is judged to be 4:6.

B. The defendant's liability to pay the repair cost with the insurance money based on the special agreement on the security for self-vehicle damage.