logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.29 2018나73036
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

B. On May 11, 2018, at around 19:15, the Plaintiff’s vehicle had a signal prior to the second factory of the F Company E located in O, Osan City, and had been straightened along the three-lanes of the three-lanes of the road in the vicinity of the intersection where the non-protection line is allowed, but the Defendant’s vehicle made a non-protection left-hand turn on the opposite direction, and the Plaintiff’s left-hand turn on the left-hand side of the Plaintiff’s vehicle and the Defendant’s front right-hand side of the vehicle (hereinafter “instant accident”).

C. On June 12, 2018, the Plaintiff paid KRW 1,928,500 for the repair cost of the Plaintiff’s vehicle as the insurance amount according to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion occurred due to the Defendant’s vehicle’s left-hand turn to a non-protective left-hand turn.

Therefore, the accident of this case is caused by the total negligence of the driver of the defendant vehicle, and the defendant is obligated to pay the plaintiff the money stated in the claim.

B. According to the evidence revealed earlier, the fact that, unlike the first and second lanes of the running direction of the Plaintiff’s vehicle in front, there is no previous two-lanes of the Plaintiff’s vehicle or the vehicle that enters the right-hand left-hand turn from the opposite direction, the Plaintiff’s vehicle is shocked with the Plaintiff’s vehicle while the Defendant’s vehicle is driving ahead of the three-lanes without giving the right-hand turn to the left.

The traffic situation and circumstances at the time of the occurrence of the instant accident, in particular, the direction of the Plaintiff’s vehicle driving at the time, and the location of the accident is not protected.

arrow