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(영문) 서울중앙지방법원 2017.07.12 2016나72084
구상금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract for B vehicles (hereinafter “Plaintiff vehicle”) with A as a company running non-life insurance business, etc., and the Defendant is the owner of C vehicle (hereinafter “Defendant vehicle”) with the company running taxi transport business, etc., and is subscribed to the automobile mutual aid of the Intervenor joining the Defendant vehicle.

B. On June 30, 2016, the driver of the Plaintiff’s vehicle caused an accident that shocks the front part of the right part of the Defendant’s vehicle on the left part of the lower side of the Plaintiff’s vehicle, which made a left turn to the left in the same direction at the two-lanes among the three-lanes of the upper intersection of the port of the port of the port and the underground road located in the port of Yongsan-gu, U.S. at Manyang-si (hereinafter “instant accident”).

C. On July 29, 2016, the Plaintiff paid KRW 5,880,000 as repair cost for the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6, 7, Eul evidence 1-1, 2-2, and the purport of Gap evidence 3-5 as a whole

2. Determination:

A. The occurrence of the accident in this case, namely, the accident in this case occurred when the driver of the plaintiff's vehicle did not observe his own lane while making a left turn at the two-lanes of the accident site, and the accident in this case occurred when the driver of the plaintiff's vehicle did not go to the left turn to the left, and the driver of the plaintiff's vehicle argued that the driver of the plaintiff's vehicle had a right turn to the left turn to the left at the first way available, but there is no evidence to acknowledge it. The accident in this case occurred entirely by the driver of the plaintiff's vehicle.

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