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(영문) 서울중앙지방법원 2020.05.08 2019나67342
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

1..

Reasons

1. Basic facts

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

B. On January 14, 2019, the Plaintiff’s vehicle that caused the instant accident is shocked with the Defendant’s vehicle that attempted to make a right-hand turn on the left-hand right-hand lane while proceeding five lanes in front of the building in the Gu E-building at the intersection while going through the intersection at the right-hand speed during the event of the instant accident.

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

On July 9, 2019, the Plaintiff paid KRW 2,563,160 as insurance money after deducting KRW 500,000 from the cost of repairing the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 5, Eul evidence Nos. 1, 3, 4, and 5 (including paper numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident occurred when the Defendant’s vehicle in front of the Plaintiff’s vehicle that was in front of the right of way was trying to immediately make a right of way on the left-hand lane, and the Defendant’s vehicle is entirely responsible for the right of way on the left-hand lane.

B. The Plaintiff’s vehicle also could have predicted the bypass of the Defendant’s vehicle, and thus, the percentage of the Defendant’s vehicle’s fault should be limited to 90%.

3. Determination

A. As seen earlier, as seen in the negligence ratio, it is recognized that the Defendant’s vehicle attempted to make a right bypass in a four-lane, the straight lane at the time of the instant accident, and it was shocked with the Plaintiff’s vehicle in the right bypassing, prior to the five-lane, the right bypassing. The main responsibility of the instant accident lies in the Defendant’s vehicle.

However, the following circumstances, which are recognized by the overall purport of the evidence and arguments mentioned above, i.e., the image of the accident at the time, can be confirmed by sending the bypass signal, and the driver of the plaintiff vehicle as the driver of the vehicle.

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