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(영문) 서울남부지방법원 2019.06.27 2018나56662
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The circumstances of the instant accident: (a) the Plaintiff is the insurer of the Plaintiff’s vehicle C (hereinafter “Plaintiff’s insured vehicle”); (b) the Defendant is the insurer of the Plaintiff’s insured vehicle D (hereinafter “Defendant’s insured vehicle”); (c) around 06:30 on June 22, 2017, the Plaintiff’s insured vehicle, before entering the intersection (road consolidation section) of the F Elementary School located in Busan, Seo-gu, Busan, is two lanes of the three lanes; and (d) the Defendant’s insured vehicle, after entering the intersection, are driving three lanes; and (e) the instant accident, after entering the intersection, conflicts between the front right of the Plaintiff’s insured vehicle and the left-hand side of the Defendant’s insured vehicle (hereinafter “instant accident”); and (c) the Plaintiff paid KRW 309,300,000, excluding self-charges 200,000 as insurance money equivalent to the repair cost of the Plaintiff’s insured vehicle under the instant accident on September 6, 2017.

As to the circumstances in which the instant accident occurred, the Plaintiff asserted that “after entering the intersection, the Defendant’s insured vehicle was shocked by the Plaintiff’s insured vehicle while changing its course to the two-lanes on a virtual side,” and the Defendant asserted that “after entering the intersection, the Plaintiff’s insured vehicle was shocked by the Defendant’s insured vehicle while changing its course to the three-lanes on a virtual side.”

In full view of the overall purport of the statements and arguments in the Evidence Nos. 1, 2, 3, 7, 8, and 1 through 4, the intersection where the accident in this case occurred is the one where the three-lanes and the right side of the Plaintiff’s insured vehicle and the Defendant’s insured vehicle are combined with each other, and after passing through the intersection, the road is widened by four-lanes; ② the Defendant’s insured vehicle cannot be straight in order for it to continue to proceed to a three-lane way, such as the existing one after passing through the intersection, and the fact that the Defendant’s insured vehicle should not proceed to a three-lane way, and should proceed to the left side in the form of a straight line. ③ The Plaintiff.

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