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(영문) 서울중앙지방법원 2017.06.29 2016나71548

구상금

Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Facts of recognition;

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

B. Around 17:50 on February 6, 2015, the Defendant’s vehicle stops on the two-lanes of the right-hand left-hand turn at the intersection in front of the Busan Northern-dong University, Busan-dong, Busan-do, the left-hand turn pursuant to the new subparagraph, and the Plaintiff’s vehicle left the left-hand turn at a one-lane, the left-hand turn-hand turn-hand turn-hand turn-on (hereinafter “instant accident”) caused an accident attributable to the front left-hand part of the Defendant’s vehicle’s left-hand turn.

C. The Plaintiff from February 13, 2015 to the same year

4. up to 14.14. Around 14.1, the Defendant vehicle passenger C paid KRW 948,840, KRW 567,320 to D, KRW 1,032,970 to E, and KRW 3,172,220 to F as medical expenses and damages.

On October 19, 2015, the Plaintiff filed a petition with the Defendant for deliberation by the committee for deliberation on indemnity disputes (hereinafter referred to as the “Deliberation Committee”), and the Deliberation Committee rendered a deliberation and resolution by calculating the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 9: 1, on the ground that “the Plaintiff’s vehicle seems to have been overtakened to left-hand turn in the right-hand left-hand direction in contravention of the lane,

【Facts without dispute over the ground for recognition】 The evidence Nos. 1 through 8 (including additional number), Eul’s statements or images, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant accident occurred not only by the Plaintiff’s driver, but also by the Defendant’s driver’s negligence without checking the first-way vehicle, but also by the left-hand turn at the intersection. The negligence of the Defendant’s driver appears to be 10% according to the deliberation and resolution by the committee for deliberation on the disputes over indemnity. As such, the Defendant is obliged to pay the Plaintiff the indemnity amount of KRW 317,222 (=3,172,220 x 10%) and the delay damages therefrom.

3. Determination.