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(영문) 서울중앙지방법원 2017.04.21 2016나73735

구상금

Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

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

Plaintiff

On October 15, 2015, the vehicle was driven by the second two-lanes in front of the entrance distance of the Goungdong-gu Bolladong-gu, Youngdong-gu, 18:45 on October 15, 2015, and the right side of the Defendant vehicle, which is left left at the second-lane of the opposite part, conflict with the front-hand part of the Plaintiff vehicle.

On November 2, 2015, the Plaintiff paid KRW 1,513,000 as insurance money for the repair cost of the Plaintiff’s vehicle due to the foregoing accident.

[Ground of recognition] Unsatisfy, entry and video of Gap evidence 1 through 8 (including branch numbers for those with a branch number) and the purport of the whole pleadings

2. Both parties’ assertion asserts that the instant accident occurred entirely due to the negligence of the Defendant’s driver, and seek reimbursement from the Defendant for the full amount of the insurance money paid by the Plaintiff and its delay damages.

The Defendant asserts that the Plaintiff’s vehicle driver’s negligence was at fault, not at the speed while entering the intersection, and that the driver’s negligence is at least 20% of the Plaintiff’s vehicle driver’s negligence, and that the Defendant’s liability for indemnity should be limited to 80% of the insurance money paid by the Plaintiff.

3. The following circumstances, i.e., ① a vehicle that wishes to make a left-hand turn at the intersection shall turn on the right-hand turn at the right-hand turn, and then make a left-hand turn at the right-hand turn, and, in particular, a driver who intends to make a left-hand turn at the right-hand turn at the right-hand turn in the front line, has a preferential right-hand turn on the vehicle straight under green signals at the opposite lane, and is going straight in accordance with normal signal at the opposite lane.