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(영문) 서울중앙지방법원 2017.02.03 2016나36170
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 insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B (hereinafter “Defendant”).

B. On August 14, 2015, at around 15:23, 2015, the Defendant’s vehicle proceeding one-lane of the two-lanes in front of the C-gu Seoul Yongsan-gu intersection, and subsequently making a right-hand at the front of the intersection, the part of the front-hand part of the Plaintiff’s vehicle, which was temporarily stopped on the two-lanes at the time, was shocked by the back door to the right-hand part of the Defendant’s vehicle.

(hereinafter referred to as "the accident of this case". (c)

By September 14, 2015, the Plaintiff paid insurance proceeds of KRW 7,194,50 under the name of the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. The summary of the party's assertion argues that the accident of this case is that the defendant's vehicle caused the plaintiff's vehicle to shock the two lanes from the first lane, and that the defendant's negligence on the part of the defendant's driver related to the accident of this case is 80%. Thus, the defendant is obliged to pay the plaintiff the compensation amount of KRW 5,755,60 (=7,194,500 x 80%) and the compensation for delay.

The defendant asserted that the negligence of the defendant's vehicle in relation to the accident is about 20% since the plaintiff's vehicle, which was parked in the second lane, was driving at about 5 km/h per hour bypassing the second lane. However, since the plaintiff's vehicle, which was parked in the second lane, has a shock of the defendant's vehicle, which is moving by neglecting the duty of the front-time watch, was driven by the defendant's vehicle.

B. The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the arguments, are the vehicles that intend to make a normal right-hand, should proceed to the right-hand side of the road in advance.

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