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(영문) 서울중앙지방법원 2017.05.30 2016나81248
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

[Claim]

Reasons

1. Facts of recognition;

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

B. On November 16, 2015, the Plaintiff’s vehicle tried to turn to the left from the 374 right line near the 374 right line at the border of Suwon-si, Suwon-si, to the protection of the agricultural and fishery market distance from the ebbbs of the ebs of the ebspon.

However, at the three-lanes of the same left-hand turn, the defendant vehicle, who followed the plaintiff vehicle, attempted to turn to the left in the vicinity of the above shooting distance stop line, and the left-hand turn was shocked by the front part of the plaintiff vehicle on the left side of the defendant vehicle.

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

By January 21, 2016, the Plaintiff paid KRW 416,000 at the repair cost of the Plaintiff’s vehicle (excluding KRW 200,000,000 for self-vehicle insurance money), and KRW 1,073,340 for the medical expenses and agreed amount for the Defendant’s vehicle C.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, 12 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the accident of this case occurred due to the main negligence of the defendant driver of the vehicle who carried the vehicle in an unreasonable manner within the intersection.

However, in light of all the circumstances, such as the situation of the above accident, the degree of conflict, and the degree of shock, it is reasonable to see that the fault ratio of the plaintiff vehicle and the driver of the defendant vehicle is 1:9.

B. Meanwhile, the repair cost of the Plaintiff’s vehicle out of the instant insurance money was paid on the basis of the security for self-vehicle damage, and the insurance premium paid by the policyholder to the insurer up to the time of the occurrence of the insurance accident.

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