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(영문) 서울중앙지방법원 2020.11.20 2020나17299
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

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff Vehicle”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On June 10, 2019, around 13:10 on June 10, 2019, the Defendant’s vehicle parked on the left-hand road at the same narrow intersection where there is no signal, etc. located 355 in the south-gu Spanco, and there was an accident where the Defendant’s vehicle attempted to turn to the left-hand turn at the left-hand side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On June 28, 2019, the Plaintiff paid 3,348,000 won as repair cost, excluding KRW 200,000,000, for the repair cost of the Plaintiff’s vehicle.

[Ground for Recognition: Facts without dispute, Gap 1 through 10 evidence, each entry or video of Eul 1 through 3, and purport of whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred as the Defendant’s vehicle parked on the left-hand side while the Plaintiff’s vehicle, who entered the intersection, is driving at the right-hand side, due to the shock of the Plaintiff’s vehicle, and due to the total negligence of the Defendant’s vehicle.

B. While the Defendant’s assertion was trying to turn to the right at the intersection, the instant accident occurred by entering the intersection as it is without examining the movement of the Defendant’s vehicle by temporarily stopping the Plaintiff’s vehicle at the intersection, and the fault ratio of the Plaintiff’s vehicle is at least 30%.

C. The following circumstances, i.e., (i) the intersection of the instant accident, along with the overall purport of the oral argument as seen earlier; (ii) the one-way intersection where the direction of the Plaintiff’s vehicle and the Defendant’s vehicle driving direction are narrow; and (ii) the Plaintiff’s vehicle temporarily suspended at the intersection where the instant accident occurred and entered the intersection as it is without examining the flow of the surrounding vehicle; and (iii) the Defendant’s vehicle on the other hand.

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