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(영문) 울산지방법원 2017.02.16 2016나21896

구상금

Text

1. The plaintiff's appeal and the primary claim expanded in the trial, and the conjunctive claim added in the trial.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On December 11, 2015, around 11:35, 2015, the Plaintiff’s vehicle driven the first lane of the second line road near Gyeongnam Kim-si, Kim Jong-si in the direction of piracy in the direction of piracy distance from the direction of the company distance, making a left-hand turn to the right-hand turn in the direction of the Dong branch center in green in the same subparagraph, while driving the second line road on the opposite side, and there was an accident of collision with the Defendant’s vehicle entering the intersection in accordance with green signals.

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

Plaintiff

The driver of the vehicle in this case sustained injuries, such as the upper left side of the 6th and the 7th left side, due to the instant accident. From January 21, 2016 to October 31, 2016, the Plaintiff paid KRW 42,892,220, total of KRW 12,136,710 as the medical expenses, litigation costs, agreement fees, etc. from January 21, 2016 to October 31, 2016 under the automobile insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 10, 16, 21, Eul evidence Nos. 1-2 through 15, and the purport of the whole pleadings

2. The parties' assertion

A. In the case of an intersection where it is possible for the plaintiff to make a left-hand turn, the driver of the vehicle directly engaged in the opposite part also has the duty of care to confirm whether the driver has a left-hand turn at the intersection and to operate safely.

However, the Plaintiff’s vehicle determined that it is possible for the Defendant to sufficiently turn to the left at the opposite side, and entered the intersection by making a full turn to the left, while the Defendant’s vehicle found the Plaintiff’s vehicle to turn to the left at a rapid speed from the right side to the right side without a temporary stop.

Therefore, the defendant's side.