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(영문) 서울중앙지방법원 2020.11.19 2020나28350
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

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 the insurer who has concluded the automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. At around 13:26 May 9, 2019, the Defendant’s vehicle stopped on the front of the crosswalk along the intersection along the intersection along which red signal, etc. entered.

Plaintiff

The vehicle driven along the same road behind the Defendant’s vehicle and attempted to enter the right side of the Defendant’s vehicle to make a right-hand due to the stop of the vehicle, and at that time, conflict with the Defendant’s vehicle to make a right-hand right-hand.

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

On May 23, 2019, the Plaintiff paid KRW 705,300,00, excluding KRW 200,000 as insurance money, out of the total amount of damages 905,300.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 7, Eul evidence 1, 3 and 4, and the purport of the whole pleadings

2. Determination on the right to indemnity

A. The following circumstances, which can be recognized by comprehensively taking account of the facts based on the fault ratio, the evidence and the purport of the entire pleadings, i.e., (i) the vehicle between the Defendant’s vehicle and the right telegram at the time of the instant accident, was merely a space to the point of leaving the road at the time of the instant accident, and even though the Defendant’s vehicle stopped on the crosswalk, it does not seem to have attempted to yield the course to the Defendant’s vehicle to the right side after the location of the vehicle. (ii) While the Defendant’s vehicle parked on the front side and should check and proceed with the safety of the moving direction after the vehicle stopped, the instant accident occurred, and (iii) the Defendant’s vehicle is trying to unlawfully bypass the Defendant’s vehicle prior to the front direction while neglecting it. (iv) However, the Defendant’s vehicle is not a bypassing vehicle at the right side, leaving the front of the

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