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(영문) 서울중앙지방법원 2020.08.12 2020나6503

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

purport:

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff vehicles”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicles”).

B. On March 31, 2019, at around 20:10, the Plaintiff’s vehicle entered the two-lanes of the two-lanes located in Sejong Special Self-Governing City F, and the front part of the right side of the Defendant’s vehicle, which is proceeding at the said intersection, was shocked into the left side of the Plaintiff’s vehicle.

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

On June 3, 2019, the Plaintiff paid KRW 1,767,000, excluding the Plaintiff’s share of KRW 441,00,00 as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 6 (including paper numbers) or video, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the instant accident occurred, since the Plaintiff’s vehicle was ordinarily in the two-lanes of the revolving intersection, the Defendant’s vehicle did not work in the direction light on the one-lane of the revolving intersection and changed the course to the two-lanes, and the instant accident occurred.

B. As to this, the Defendant asserted that the negligence of the Plaintiff’s vehicle is at least 70%, since the Defendant’s vehicle entered the intersection and proceeds normally. The Plaintiff’s vehicle entered the intersection without yield to the Defendant’s prior vehicle, and the instant accident occurred.

3. Determination

A. The following circumstances, which can be acknowledged by adding the evidence and the purport of the entire pleadings as seen earlier prior to the negligence ratio, namely, the driver of any motor vehicle, who intends to enter the intersection where the safety signs indicating temporary suspension or concession are installed, instead of controlling traffic.