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(영문) 부산지방법원 2019.01.23 2018나55357
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 concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

나. 피고 차량은 2017. 12. 15. 19:10경 부산 기장군 기장읍 정관5로 소재 ‘ㅏ’자형 삼거리 교차로(이하 '이 사건 교차로‘라 한다)에서 우회전을 하던 중 위 교차로의 직진 신호에 따라 편도 2차로 중 1차로를 직진하던 원고 차량의 오른쪽 뒷문 휀다 부분을 피고 차량의 왼쪽 앞부분으로 충격하였다

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

By January 30, 2018, the Plaintiff paid insurance proceeds of KRW 1,915,600 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3 through 5, Eul evidence 1 and 2, Gap evidence 2, the video and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the accident in this case occurred by the unilateral negligence of the driver of the defendant's vehicle who made a sudden bypassing the accident in violation of the signal, the defendant is obligated to pay to the plaintiff the above repair cost amounting to 1,915,600 won and damages for delay. 2) As to the place where the accident in this case occurred, the defendant did not have a bypass signal at the place where the accident in this case occurred, and if the driver did not drive the plaintiff's vehicle at the right time, and the driver did not drive the plaintiff's vehicle at the right time, and the driver's first vehicle line was maintained while passing through the intersection, the accident in this case did not occur, and the Automobile Insurance Claim Dispute Resolution Committee should take into account that the plaintiff's negligence was 20%.

B. The driver of a vehicle who intends to make a right-hand turn to the intersection shall pass along the right-hand side of the road, and the vehicle in front of the course when entering the intersection.

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