beta
(영문) 서울남부지방법원 2019.08.23 2018나68863

구상금

Text

Of the judgment of the first instance, the part against the plaintiff ordering additional payment shall be revoked.

The defendant is against the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with CYF vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with DYF vehicle (hereinafter “Defendant vehicle”).

B. On January 21, 2018, around 19:15, the Plaintiff’s vehicle waiting on the two-lanes at the private-distance intersection near the Busan Seo-gu, Busan, and left left turn pursuant to the new subparagraph. The Defendant’s vehicle, while making a left turn from the first lane of the above road, kid the direction of the Plaintiff’s vehicle in the direction of the Plaintiff’s own driving, and then, during that process, an accident that shocks the left side of the Plaintiff’s vehicle with the front line of the right line of the vehicle (hereinafter “instant accident”).

C. On January 29, 2018, the Plaintiff paid KRW 428,000, excluding its own charges, at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11 (including branch numbers for those with additional numbers), Eul evidence Nos. 1 through 3, and the purport of the whole pleadings

2. The plaintiff asserts that the accident in this case occurred due to the negligence by the driver of the defendant vehicle who caused the left-hand turn of the plaintiff's vehicle beyond the normal left-hand turn, and thus, the defendant is obligated to pay the indemnity and its delay damages to the plaintiff pursuant to Article 682 (1) of the Commercial Act. On the other hand, the defendant asserts that the driver of the plaintiff's vehicle who was left-hand at the two-lane left-hand turn left-hand at the right-hand turn of the plaintiff's vehicle, and the accident in this case occurred at the wind that the driver of the plaintiff'

3. Determination

(a) Where all drivers of vehicles intend to make a left turn at the intersection, they shall go slowly along the intersection along the median line of the road in advance and turn to the left at the center of the intersection;