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(영문) 서울남부지방법원 2014.11.06 2014나51447

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. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with A as to B vehicles (hereinafter “Plaintiff vehicle”). The Defendant is a mutual aid business operator who has entered into an automobile mutual aid contract with C bus (hereinafter “Defendant vehicle”).

B. A, around 17:40 on September 12, 2012, driven the Plaintiff’s vehicle, and was making a U-turn at the first line (on the left or right turn) of the C-ri-dong Youth Training Center C. In this case, the driver of the Defendant’s vehicle following the Plaintiff’s vehicle on the first line was forced to turn to the left immediately beyond the center line, and the driver of the Defendant’s vehicle following the Plaintiff’s vehicle shocked the front left side of the Plaintiff’s vehicle on the front left-hand side of the front left-hand part of the Defendant’s vehicle.

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

On March 29, 2013, the Plaintiff paid KRW 1,737,00 at the repair cost of the Plaintiff’s vehicle.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 9, purport of the whole pleadings]

2. Determination

A. According to the above facts, the accident of this case is caused by the negligence of the plaintiff vehicle who saw a U-turn at the first line of a three-distance intersection that can only turn to the left, and the negligence of the defendant vehicle who made a left-hand turn to the left over the median line without neglecting the duty of putting the plaintiff vehicle on the front line, and it is reasonable to view the negligence ratio of the defendant vehicle as 80% in consideration of the circumstances of the accident, the shock level, and the degree of the driver's duty of care.

Therefore, the defendant is obligated to pay to the plaintiff 1,389,600 won ( = 1,737,000 won x 0.8) and for this, 5% per annum as prescribed by the Civil Act from March 30, 2013 to October 8, 2013, the delivery date of a copy of the complaint of this case, and 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

B. The Defendant’s assertion is a self-employed person after the Plaintiff’s driver entered the Sam-distance Intersection.