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(영문) 서울남부지방법원 2019.05.09 2018나62469
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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to Cent vehicle (hereinafter “Plaintiff vehicle”).

B. Around 12:05 on July 2, 2015, the Defendant driven a D-wheeled Vehicle (hereinafter “Defendant vehicle”) and driven a lane of the fourth-lane road near the construction distance of the D-wheeled Road located in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul (hereinafter “instant road”), resulting in a traffic accident leading to the Plaintiff’s vehicle, which had a U-turned as indicated in the “accident site map” as indicated in the attached Table, while driving on the fourth-lane road in the vicinity of the construction distance of the D-wheeled Vehicle located in the Nam-gu, Seoul.

At the time of the accident, the defendant was passing through the intersection of the above map on yellow mar, and was proceeding one vehicle of the above road.

C. In the event of the foregoing traffic accident, the Plaintiff, the insurer of the Plaintiff’s vehicle, paid KRW 6,589,480 insurance proceeds from September 17, 2015 to May 23, 2016.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 12 and the purport of the whole pleadings

2. According to the above findings of the judgment and the evidence revealed earlier, the defendant was found to have provided the main causes of the above traffic accident since the driver of the plaintiff vehicle caused the above traffic accident while driving the above one-lane in the series of processes of driving the above crossing and the above-mentioned one-lane road after unduly passing through the above intersection in yellow ray, and neglecting his duty of safe driving, and thus, the driver of the plaintiff vehicle provided the causes of the above traffic accident by conducting the above-mentioned one-lane in a safe manner by taking into account the surrounding circumstances in consideration of the characteristics of the U.S. location., even if the driver of the vehicle caused the traffic accident by neglecting his duty of safe driving, so that the driver of the vehicle provided the causes of the above traffic accident by neglecting his duty of safe driving, the defendant is held liable for 20% of the driver of the vehicle, and the defendant

Therefore, the defendant's insurance proceeds amounting to the plaintiff 5,271,584 won (=6,589,480 won x 80%) and the final payment date of the insurance proceeds claimed by the plaintiff.

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