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(영문) 서울중앙지방법원 2021.02.05 2020나59606

구상금

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The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that has entered into an automobile insurance contract with respect to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”). The Defendant is an insurance company that entered into an automobile insurance contract with respect to D U2Bio (hereinafter “Defendant OB”).

B. On February 15, 2020, while the Plaintiff’s vehicle is driving one-way passage around the E-Si, Seocheon-si on February 15, 2020, the front-way crosswalk was shocked with Defendant Oba that crossed the front-way crosswalk by driving it to the right side from the left side of the direction of the Plaintiff’s vehicle (hereinafter “instant accident”).

On February 25, 2020, the Plaintiff paid KRW 4,989,000 as insurance money, excluding KRW 500,000,000, out of the Plaintiff’s repair cost of the Plaintiff’s vehicle due to the instant accident.

【Ground of recognition】 The facts without dispute, Gap evidence Nos. 1 through 10, Eul evidence Nos. 1 through 3 (including each number), the video and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case is an accident caused by the entry of the defendant Oral Ba into the crosswalk, and the plaintiff's vehicle was difficult to avoid the accident. Thus, the plaintiff's accident is an accident caused by the negligence of the defendant Oral Ba.

2) As to this, the Defendant asserts that the negligence of the Plaintiff’s vehicle should be recognized to the extent of 40%, since the Plaintiff’s vehicle was negligent in driving safety, such as not stopping in front of the temporary suspension line.

B. In full view of the facts acknowledged earlier and the purport of the entire arguments, the following circumstances are acknowledged, and the instant accident conflicts with Defendant Oralba, which was basically negligent on the part of Defendant Oralba, and tried to cross the crosswalk while driving without properly examining the Plaintiff’s vehicle and the left and right of one-way driving route.

However, the speed of the plaintiff's vehicle can also be reduced or the plaintiff's vehicle stops on a temporary stop line.