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(영문) 서울중앙지방법원 2020.04.29 2019나26563

구상금

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. The following circumstances surrounding the underlying facts do not conflict between the Parties.

On June 12, 2018, at the time of the accident, the insured vehicle D (hereinafter “Plaintiff”) of the Defendant Insured Vehicle D (hereinafter “Defendant Vehicle”) of the Plaintiff Insured Vehicle D (hereinafter “Defendant Vehicle”) and around 22:30 on June 12, 2018, at the time of the accident, the Plaintiff paid insurance proceeds of KRW 15,740,000 due to the insurance proceeds due to the entire damages of the Plaintiff Vehicle on July 2, 2018, when the collision between the Defendant Vehicle and the 207-distance crossing at the Dong-gu Seoul-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro, attempted to turn to the left at the intersection according to the direct margin signal.

2. In light of the following circumstances recognized by comprehensively considering the overall purport of the pleadings, the instant accident may be assessed entirely by the negligence of the driver of the Defendant vehicle, in light of the evidence Nos. 2 through 4, and evidence Nos. 1, 2, and 1, respectively.

(1) A vehicle that intends to make a left-hand turn shall make a left-hand turn at the right-hand turn with care not to obstruct a vehicle straightening according to a straight signal from the right-hand side.

However, although the driver of the defendant vehicle had already entered the intersection, the driver attempted to turn to the left even though the plaintiff's vehicle driving in the right place had already entered the intersection.

At the time, since the view was limited at night, the driver of the defendant vehicle who wants to turn to the left without protection should have examined the movement of the vehicle with more closely, but failed to do so.

② On the other hand, the Plaintiff’s driver was in a normal position according to the good faith.

At the time, even though the Plaintiff’s vehicle entered the intersection, it seems that the Defendant’s vehicle could not have been anticipated that it would turn to the left immediately without waiting at the stop line.

There is no evidence to deem that the Plaintiff’s vehicle was in excess of its speed.

Therefore, the defendant vehicle.