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(영문) 제주지방법원 2018.11.01 2017나12240

구상금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 441,90 and KRW 215,00 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with the Plaintiff-owned B vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is a business operator who has concluded a comprehensive automobile mutual aid contract with the D vehicles that C had driven by siren (hereinafter “Defendant-owned vehicles”).

B. On July 15, 2016, around 17:15, at Jeju, the intersection where no signal is given at the center near the Friju station located in E, and the Defendant’s vehicle, when entering the said intersection, left straight from the intersection in the direction of the crossing of the bathing beach to the left-hand turn in the direction of the gas station in the direction of the gas station in the direction of the Doriju station, left-hand turn on the right-hand turn of the Plaintiff’s vehicle entering the said intersection, with one way straight in the direction of the “hakwon” from the “hakwon,” and shocked the front part of the Defendant’s front part

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

On September 13, 2016, the Plaintiff paid KRW 717,000,00, after deducting KRW 200,000 of the self-paid cost, out of KRW 917,00,00 for the repair cost due to the instant accident.

C In relation to the instant accident on November 4, 2016, the penalty amounting to KRW 40,000 was imposed on the offender, which is “violation of the method of passing through the intersection.”

[Reasons for Recognition] Unsatisfy, Gap evidence 1-5 (including the whole number), the purport of the whole pleadings

2. Summary of the parties’ assertion as to the cause of claim;

A. The Plaintiff’s Defendant’s vehicle entered the intersection by going straight from the left-hand lane, and the Plaintiff’s vehicle anticipated that the Defendant’s vehicle will not go straight, and entered the intersection, and the negligence of the Plaintiff’s vehicle on the occurrence of the instant accident is merely 30%.

Therefore, the Defendant is obliged to pay the Plaintiff the insurance money of KRW 501,900 (=717,000 of the insurance money that the Plaintiff paid to A x 70% of the negligence ratio of the Defendant’s vehicle) and damages for delay.

B. The Plaintiff vehicle has a duty of care to check the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are