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(영문) 창원지방법원 2020.11.12 2019나62892
부당이득금
Text

Of the judgment of the first instance, the part against the defendant in excess of the amount ordered to be paid below shall be revoked and revoked.

Reasons

1. Facts of recognition;

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

B. 1) The date and time of the accident: The accident occurred on October 28, 2018: the area where the accident occurred: the intersection where the signal, etc. of the sub-section 15: 5:502 is installed on the south-dong, Chungcheongnam-gun, Chungcheongnam-do: the entire part of the Plaintiff’s vehicle, which was directly linked to the front part of the Defendant’s vehicle that was sent to the left at the first lane among the three-lane roads, was collision (hereinafter “instant accident”).

(c) On May 20, 2019, E Deliberation Committee, such as the E Deliberation Committee’s decision, decided on the liability ratio of the Plaintiff and the Defendant’s vehicle to KRW 20% and KRW 80%. Accordingly, on June 4, 2019, the Plaintiff paid KRW 2,430,00 to the Defendant, and filed the instant lawsuit on the same day. [In the absence of any dispute over the grounds for recognition, each entry or video of the evidence No. 1 through No. 7, and the purport of the entire pleadings.]

2. Determination

A. According to the evidence revealed earlier, although the Plaintiff’s vehicle, who is directly in accordance with the new code, is close to the intersection, the Defendant’s driver made a left-hand turn without turning on the direction turn at the right-hand left-hand turn.

B No. 2, the Defendant submitted a traffic accident analysis report to the effect that the Plaintiff’s vehicle runs at a speed exceeding 72 km speed of 70 km per hour.

The evidence submitted including B alone is difficult to recognize that the Plaintiff’s vehicle was unable to prevent the instant accident due to the Plaintiff’s excessive speed or neglect of duty of care.

Even if the defendant's vehicle can be seen as entering the intersection rather than the intersection, it is possible to pass through the adjacent straight-line vehicle.

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