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(영문) 서울중앙지방법원 2016.06.02 2015나47197

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

1...

Reasons

1. Facts of recognition;

A. With respect to A-owned B vehicle (hereinafter “Plaintiff-owned vehicle”), the Defendant is an insurer who has concluded each comprehensive automobile insurance contract with respect to C-owned vehicle (hereinafter “Defendant-owned vehicle”).

B. On August 7, 2014, at around 07:26, the Defendant’s vehicle, while making a right-hand turn to the right-hand turn of the Plaintiff’s vehicle entering the instant road in the direction opposite to the Defendant’s vehicle’s passage along the mast-In crossing, Gangnam-gu, Seoul Samsungdong, the lower part of the Plaintiff’s vehicle’s right-hand turn to the left-hand side of the Defendant vehicle.

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

On August 13, 2014, the Plaintiff paid 980,780 won to the repair company at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 or video, purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the accident in this case occurred by the whole negligence of the defendant vehicle that made a right turn to the left, even though there was a preferential right, on the other hand, the defendant asserts that the negligence of the plaintiff vehicle and the defendant vehicle committed concurrently 50 to 50 as determined by the committee for deliberation of the dispute over indemnity, since the plaintiff's vehicle was negligent in starting in advance prior to the entry of the left turn signal.

B. The following circumstances, which are recognized by the images of the evidence No. 7 and No. 2 No. 2-1 of the evidence No. 7, namely, ① the Plaintiff’s vehicle is deemed to have already entered the intersection before the signal, etc. begins after the signal, and enters the left-hand signal, ② the Plaintiff’s driver was able to find out the Defendant’s vehicle bypassing the right-hand, but rather continued the intersection without lowering the speed; ③ the Plaintiff’s vehicle as the Defendant’s driver was able to find and yield the Plaintiff’s vehicle which is to turn to the left-hand turn in the opposite part.