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(영문) 서울중앙지방법원 2019.06.21 2019나5788
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. The circumstances leading up to the instant accident are as follows.

At the time of the accident, the insured vehicle of the Plaintiff insured vehicle CD on May 20, 2018 at the time of the accident, where the insured vehicle of the Plaintiff insured vehicle of the Plaintiff was located in the middle distance in front of the 18:25 location of the Daegu-gu Round-gu Round, and the Plaintiff’s insured vehicle of the Plaintiff (hereinafter “Plaintiff vehicle”) was directly located in the middle distance, and was temporarily in order to enter the middle distance from the end of the said third distance to the street, while the Defendant Insured vehicle of the Plaintiff’s insured vehicle of the Defendant (hereinafter “Defendant vehicle”) was temporarily in order to enter the middle distance at the point of the above third distance, the fact that the insured vehicle of the Plaintiff’s insured vehicle of the Plaintiff’s insured vehicle of the insurance relation was paid with the shock insurance money of KRW 16,00, 16,000, 【the ground for recognition of the damage by the Defendant vehicle of the Plaintiff’

2. Determination

A. The plaintiff asserts that the accident of this case occurred solely by the negligence of the driver of the defendant vehicle, and the defendant claimed the total amount of the insurance money paid by the plaintiff. The defendant asserts that the accident of this case occurred by the driver of the plaintiff vehicle who left the intersection in violation of the right-hand left-hand road.

B. (1) In full view of all the circumstances, including the background of the accident revealed in the above facts, the shock level of the original and the Defendant vehicle, and the road situation at the time of the instant accident (in the instant accident site, there is no evidence to acknowledge that only the left-hand turn is permitted, and that the right-hand turn is prohibited). The instant accident came directly into the intersection where the Plaintiff’s vehicle was not under traffic control at the time of the instant accident, and even if it had already entered the intersection, the Plaintiff’s vehicle had already entered the intersection (only after checking that the Plaintiff’s vehicle was already entering the intersection, the Defendant’s driver had already entered the intersection).

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