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(영문) 창원지방법원 2018.09.14 2018나52508

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 and the Defendant are insurers running non-life insurance business, and the Plaintiff is the insurer of B-owned vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is the insurer of C-owned vehicles (hereinafter “Defendant-owned vehicles”).

B. Around 18:00 on June 15, 2017, the Defendant vehicle left the right-hand turn of the two-lanes at the Changwon Police Station at the intersection where no signal lights are sent front D in front of the window at the Changwon Police Station at the Changwon Police Station at the city of Changwon. However, the Plaintiff vehicle, who was holding three-lanes in front of the Defendant vehicle’s moving direction, received the rear part of the right-hand turn of the Defendant vehicle at the front part.

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

As a result of the instant accident, 821,800 won was incurred for the Plaintiff’s vehicle, and the Plaintiff paid 621,800 won, which is part of the Plaintiff’s repair cost, to A on August 3, 2017.

With respect to the burden of indemnity between the Plaintiff and the Defendant, the Dispute Resolution Committee recognized 70% of the negligence of the Plaintiff’s vehicle on October 16, 2017, and 30% of the negligence of the Defendant’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to Article 26 of the Road Traffic Act, the driver of a vehicle who intends to make a left-hand turn at an intersection where traffic is not controlled shall yield the right of way to the vehicle when there are other vehicles seeking to make a right-hand or right-hand turn to the intersection. The defendant's vehicle who made a left-hand turn to the left-hand turn has the plaintiff's vehicle while operating normally in violation of the above provision, and it is reasonable to view that the negligence of the defendant vehicle is 80%.

Therefore, the plaintiff, who is the insurer of A, is the insurer of A's claim for damages against the defendant against KRW 497,440 equivalent to KRW 621,80,000, which is equivalent to KRW 800.