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(영문) 서울중앙지방법원 2018.08.23 2018나23826

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

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

B. Around 07:55 on August 9, 2017, the Plaintiff’s vehicle was driving ahead of the two-lanes of the two-lanes of the two-lanes from the south point of the Han-dong, Han-dong, Han-gu, Gwangju Mine District Ha-dong to the lower south region, and the Defendant’s vehicle, who has left the left at the entrance of the access road of the 1 and the two-lanes on the left side of the Plaintiff’s vehicle, has shocked the left side of the Plaintiff’s vehicle on the right side.

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

On September 13, 2017, the Plaintiff paid 1,835,200 won for the repair cost of the Plaintiff’s vehicle (200,000 won for self-payment) as insurance money.

[Ground of recognition] Facts without dispute, Gap's entries or videos, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's vehicle entered the intersection at the time of leaving the intersection by the preceding vehicle, following the two-lanes of the front vehicle, and the plaintiff's vehicle entered the intersection at the time of leaving the intersection by the preceding vehicle. When the defendant's vehicle temporarily stops while making a left-hand turn at the intersection, and the defendant's vehicle is going through the intersection while the plaintiff's vehicle passes through the intersection, and the accident of this case occurred. Therefore, since the accident of this case occurred due to the defendant's total negligence, the defendant is obliged to pay the plaintiff 1,835,200 won and its delay damages. 2) The accident of this case occurred due to the plaintiff's fault because the plaintiff's vehicle entered the intersection where the defendant's vehicle does not have a signal system, but the accident of this case occurred due to the plaintiff's fault constitutes 20% of the plaintiff's vehicle's own charges paid by the driver of the plaintiff vehicle.