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(영문) 서울중앙지방법원 2018.10.05 2018나23215
손해배상금
Text

1. Of the judgment of the first instance court, KRW 1,011,177 against the Plaintiff and its related thereto, from April 16, 2017 to October 5, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the owner of Asi (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into an automobile insurance contract for B automobiles (hereinafter “Defendant vehicle”).

B. On April 16, 2017, at around 18:20, the Plaintiff’s vehicle moved to the intersection prior to the “D station” located in Gangnam-gu Seoul, Gangnam-gu, Seoul (hereinafter “instant intersection”) from the area of bankruptcy remote to the pressure/devision area, the Plaintiff’s vehicle shocked the front left part of the Defendant’s vehicle, which left left left to the left from the erode area from the erode of the horizontal intersection to the pressure/devision area.

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

On April 17, 2017, the Plaintiff spent KRW 1,370,200 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 4, 7, 8, Eul evidence 1, Gap evidence 3, 5, 13, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred by the driver of the defendant vehicle with no license to turn to the left at the intersection, making the driver of the vehicle without a license to turn to the left immediately after the change of the vehicle to the driver's way of driving the vehicle in order to enter the gas station, and thus, the driver of the vehicle has a full negligence on the part of the defendant vehicle.

In this regard, even though the defendant's vehicle entered the intersection prior to the plaintiff's vehicle and made a left turn to the left, the plaintiff's vehicle did not drive slowly and drive at the right turn, and the accident of this case occurred, so the driver's fault ratio of the plaintiff vehicle is at least 50%.

B. Determination 1) The following circumstances, which are acknowledged by comprehensively taking account of the above recognition of the liability for damages and the overall purport of the arguments, are as follows: at the time of the instant accident, the Defendant vehicle made a left turn at the three-lanes where the left turn is prohibited (the left turn at the straight lane), and the left turn at the one-lane and the second left turn.

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