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(영문) 서울남부지방법원 2020.07.23 2019나68600
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. On August 31, 2018, around 21:40, the Plaintiff’s vehicle proceeding two lanes in the remote distance from the Sinsan-dong telephone station in Ansan-si, Ansan-si, and left left turn according to the left turn signal. However, the Defendant’s vehicle proceeding with one lane in the same direction as the Plaintiff’s vehicle caused an accident where the Defendant’s vehicle, which proceeded with the same direction as the Plaintiff’s vehicle, shocked the back wheels of the Plaintiff’s driver’s seat and the pande.

(hereinafter “instant accident”). C.

On September 17, 2018, the Plaintiff paid insurance proceeds of KRW 674,800,000, except for the amount of KRW 200,000 as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 10, Eul evidence 1 and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) the Plaintiff’s assertion made a left turn to the left at the accident site in accordance with road signs and signals, and the Defendant’s vehicle proceeding at the first lane, which is the left-hand exclusive road, caused the instant accident by negligence in contravention of road signs.

In other words, the accident of this case is entirely caused by the negligence of the defendant, and the defendant, who is the insurer of the defendant vehicle, is obligated to pay 674,800 won and damages for delay paid by the plaintiff to the plaintiff.

(2) In the event of an accident between the Defendant’s vehicle and the left-hand turn to the same direction, the Defendant’s vehicle, which is the inner vehicle, has priority, and the intersection where the instant accident occurred, is an intersection in the direction of 11 hour or right-hand turn, rather than an ordinary cross-section, and the Plaintiff’s vehicle does not yield the right-hand direction, etc. to the Defendant’s vehicle, and thus, the instant accident occurred by transmitting it to the Defendant’

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