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(영문) 서울중앙지방법원 2016.04.01 2015나53659
구상금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 317,440 and its amount from March 31, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. At around 11:37 March 18, 2015, C driven the Defendant’s vehicle and brought about a right side of the Defendant’s vehicle while moving to the right side of the Defendant’s vehicle while moving to the right side of the vehicle in the direction of 6:0 p.m. from 6:3 p.m. to 3:00 p.m. at the front T-type intersection in Seodaemun-gu Seoul Metropolitan Government.

(hereinafter referred to as “instant accident”). C.

By March 31, 2015, the Plaintiff paid insurance proceeds of KRW 396,800 in total with the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 5, or the purport of the whole pleadings

2. The plaintiff's assertion that the accident in this case occurred due to the negligence of the driver of the defendant's vehicle who has been stopped on the right side of the proceeding, and the defendant asserts that the accident in this case occurred due to the negligence of the driver of the defendant's vehicle who has been driven by the defendant's vehicle, which had been temporarily stopped for the right side of the defendant's vehicle, because the accident in this case occurred due to the negligence of the driver of the plaintiff's vehicle's whole negligence.

3. Comprehensively taking account of the evidence revealed earlier, the place where the instant accident occurred is a T-line intersection where the center line is not installed and the two-lane roads are crossingd; the Defendant vehicle and the Plaintiff vehicle following them all attempted to turn back from the side road to the one-lane road; the Defendant vehicle temporarily stopped for the right side of the Defendant vehicle to the intersection; and thereafter, the Plaintiff vehicle temporarily stopped for the right side of the vehicle and temporarily stopped.

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