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(영문) 대구지방법원 2020.07.08 2019나320158
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. Basic facts

A. The background of the accident (see attached Form No. 1 accident scene) - On March 25, 2019, C driven a DSS6 vehicle (hereinafter “Defendant vehicle”) around 15:00 on March 25, 201, while driving the EM6 vehicle (hereinafter “Defendant vehicle”) and proceeding along the road front of the EM apartment at Ansan Dong-dong, along the one-lane (on the right-hand and left-hand turn-hand turn-hand turn-hand way) from the direction of the F Elementary School, and tried to turn to the right-hand distance prior to

- At the time, H driven an I SM5 vehicle (hereinafter referred to as "Plaintiff vehicle") and tried to move by right from the two-lanes on the front side of the Defendant vehicle (on the right side side of the vehicle), and it was temporarily stopped on the right side of the pedestrian signal.

- Accordingly, the Defendant’s vehicle does not enter the two-lanes, which are front lanes, and it is extremely bypassing from the first lane, and it conflicts with the Plaintiff’s vehicle that started due to a change in the signal signal of the Macking crosswalk while passing the left side of the Plaintiff’s vehicle.

The front door of the Defendant’s vehicle and the front door of the Plaintiff’s vehicle are faced with each other.

B. Insurance relationship - The Plaintiff is an insurer who has concluded an insurance contract for the Plaintiff’s vehicle, and the Defendant is an insurer who has concluded an insurance contract for the Defendant vehicle.

The above accident occurred during each insurance period.

- On April 30, 2019, the Plaintiff paid KRW 1,282,00 to the Plaintiff’s automobile repair cost, etc.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 6 through 11 (including paper numbers), Eul 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. On the first lane where the Defendant’s vehicle, which determined the cause of the claim, tried to make a right- or left-hand turn, the accident occurred due to the negligence that the Plaintiff’s vehicle tried to make a right-hand turn at the time, as the vehicle was overtaken.

Therefore, the Defendant, the insurer of the Plaintiff, is KRW 1,282,00 for the Plaintiff who paid the repair cost of the Plaintiff’s vehicle, and 5% per annum prescribed by the Civil Act from May 1, 2019 to July 26, 2019, the delivery date of the instant complaint, which is the date of delivery of the Plaintiff’s repair cost.

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