(영문) 서울중앙지방법원 2015.11.12 2014나71377

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(영문) 서울중앙지방법원 2015.11.12 2014나71377

구상금

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive motor vehicle insurance contract with respect to A A-A-D motor vehicle (hereinafter “Plaintiff-related vehicle”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to B-tax (hereinafter “Defendant-tax”).

B. On June 18, 2014, around 13:17, the Plaintiff’s vehicle proceeded along the front direction of the Seoul Metropolitan Government Office along the two-lanes of the three-lanes, and moved to the right from the surface of the earth to the luminous slope, there was an accident in which the Plaintiff was facing one another with the Defendant taxi driving the three-lanes in the same direction (hereinafter “instant accident”).

C. On July 18, 2014, the Plaintiff paid KRW 4,611,00 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3 and 4, or the purport of the whole pleadings

2. The plaintiff asserts that the negligence of the defendant taxi driver who left the left at the designated lane prior to the right-hand turn is greater, while the defendant asserts that the negligence of the driver of the plaintiff vehicle who avoided from the designated lane for the right-hand turn is greater.

3. In full view of the reasoning of the evidence duly admitted earlier, the two-lanes in progress by the Plaintiff’s vehicle are two-lanes to turn to the left from the erode of noble documents and documents, and the three-lanes in progress by the Defendant taxi are the lanes moving to the right-hand turn from the erode of the erogate to the erode of the erogate; Defendant taxi does not turn to the erode of the erogate; Defendant taxi proceeds to the left-hand turn without the right-hand turn to the erode of the erogate; and Defendant taxi proceeds to the left-hand turn-hand turn without the right-hand turn to the erode; Defendant taxi’s entry to the erode of the erode; and there is no counter-proof otherwise. According to the above facts found, the instant accident conflicts

However, the situation of the three-lanes shall be considered properly after the entry into the intersection.

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