(영문) 광주지방법원 2017.12.22 2017나5095 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.12.22 2017나5095

구상금

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1. The plaintiff's appeal and the claims extended by this court are dismissed, respectively.

2. The costs of appeal and the claims in this court.

Reasons

1. Basic facts

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

B. On January 5, 2016, at around 22:50, the Defendant’s Defendant’s vehicle at C Operation left the left from a three-distance intersection with no signal, etc. at the entrance of the village lower than the Donam-gun, Jinnam-gun, Chungcheongnam-do (hereinafter “instant intersection”) at the lower village at the lower village, an accident of collision between the front part of the Plaintiff’s vehicle in the D Driving, who had been proceeding directly from the lower bank to the lower bank, and the part on which the Defendant’s vehicle loaded after the right side of the Defendant’s vehicle.

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

From March 17, 2016 to February 23, 2017, the Plaintiff paid D insurance proceeds of KRW 107,020,110 in total under the name of hospital treatment expenses, agreement fees, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 11, 13, 17, 18 (including each number; hereinafter the same shall apply) and video, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant is obliged to pay 64,212,066 won (= 107,020,110 x 60%) and delay damages, which amount to 60% of the Defendant’s fault ratio of the Defendant’s vehicle, out of the insurance money paid to the Plaintiff 107,020,110 x 60%) and the Defendant’s vehicle directly under the direct control of the Defendant’s vehicle to turn to the left, without finding the Plaintiff’s vehicle, in violation of the temporary suspension and the duty of slowly going to turn to the left prior to the instant crossing. The instant accident is an accident involving the Plaintiff’s vehicle under the direct control of the Defendant’s vehicle to turn to the left.

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