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(영문) 서울남부지방법원 2020.07.09 2019나65144

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. The Plaintiff is an insurer who has concluded an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. On November 13, 2018, around 18:20, there was an accident where the left part of the Plaintiff’s vehicle, which was left left at the first lane (on the left part of the exclusive lane prior to the back of the instant vehicle) among the four-lanes in the letter of the voice-to-soon-soon-type Intersection, the left part of the Defendant’s vehicle, which was left left at the second lane (on the left part of the two-lane), shocked (hereinafter “instant accident”).

C. On November 29, 2018, the Plaintiff paid insurance proceeds of KRW 776,200, which deducts KRW 194,000 from the repair cost of Plaintiff’s vehicle 970,200 due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s asserted vehicle driver could not at all anticipate that the Defendant’s vehicle, which was later driven on the two-lanes, could not overtake the Plaintiff’s vehicle and turn to the left.

The instant accident ought to be deemed to have occurred due to the unilateral negligence of Defendant vehicle.

B. (1) Article 14(2) of the Road Traffic Act provides that “The drivers of motor vehicles and riders of horses shall pass along the lane on the road along which the lane is marked off, except as otherwise provided for in this Act or any order issued under this Act,” and Article 25(2) of the Road Traffic Act provides that “the drivers of all motor vehicles shall turn to the left at the intersection along the center line of the road in advance and turn to the left at the center of the intersection.”

In light of the circumstances surrounding the instant accident and the location of each vehicle known by the evidence mentioned above, the instant accident is deemed to be the subject matter.