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(영문) 서울중앙지방법원 2019.08.30 2018나76462
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to the automobile D (hereinafter “Defendant bus”).

On March 24, 2018, the two-lanes in front of the intersection of the Korea Construction Institute of Construction and Technology at the right side of the Plaintiff vehicle to turn to the left from the two-lanes in front of the intersection of the Korea Construction and Construction Institute, and the left side of the Defendant bus who turn to the left in the same direction at the three-lanes.

(hereinafter “instant accident”). On April 10, 2018, the Plaintiff paid KRW 1,980,000 as the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Grounds for Recognition: Statements 1, 2, 4 through 6, 1, 2 and 2, and the purport of the whole pleadings]

2. The parties' assertion and judgment

A. The party's assertion that the plaintiff obstructed the passage of the plaintiff's vehicle in the same direction by changing the course of the plaintiff's vehicle in the future before the right turn signal, and that the accident of this case occurred due to the fact that the plaintiff was a large-scale vehicle with a large turning radius, and thus, the defendant should pay the plaintiff the insurance money of KRW 1,980,000, while the defendant asserts that he did not want the movement of the defendant bus entering the intersection and without any flickering direction direction direction etc. on the left side, the defendant is more erroneous and unjust for the plaintiff's vehicle who left the left without any warning direction,

B. The following circumstances recognized by the fact of recognition of the sign board and the evidence mentioned above, namely, the Defendant bus attempted to turn to the left at a two-lane level that the Plaintiff bus will proceed along with the two-lanes following the left turn signal at the time of the change to the left turn signal. Furthermore, the Defendant bus ought to turn to the left widely, taking into account its turning circles, and is going to the direction toward the passage of the Plaintiff vehicle in the same direction.

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