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(영문) 서울중앙지방법원 2017.11.28 2017나55925
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to the vehicle volume B (hereinafter “Defendant vehicle”) with respect to the vehicle volume.

B. During the period from September 13, 2016 to October 21, 2016, the Plaintiff paid the insured amount of KRW 5,196,700 in total as the repair cost of the Plaintiff’s vehicle to the insured of the said automobile insurance contract concerning the Plaintiff’s vehicle from September 13, 2016 to October 21, 2016.

On August 13, 2016: Around 06:45, an accident site: Around August 13, 2016: An accident (based on recognition): Each description or image of the Plaintiff’s vehicle, which was proceeding along three lanes near the above shooting distance, was changed by yellow light, etc., and the signal of the vehicle was changed by yellow light, etc., which led to six lanes near the above shooting distance, and went through the above shooting distance. On the opposite side, the part of the left-hand part of the Defendant’s vehicle, who was a Unton on the opposite lane, was shocked by the front-hand part of the right-hand part of the Plaintiff’s vehicle (based on recognition), and the purport of the entire pleadings and arguments.

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion that the negligence of the Defendant’s driver who had been a U-turn prior to the change between the Plaintiff’s driver’s negligence and the above distance signal to the left-hand turn signal allowing the U-turn. In light of the circumstances of the instant accident, the fault ratio of the Defendant’s driver can be said to be 50%. Thus, the Defendant is obliged to pay the Plaintiff the insurance money at the repair cost of the Plaintiff’s vehicle, 2,598,350 won (=5,196,700 won x 50%) corresponding to the percentage of the Defendant’s driver’s negligence.

B. Prior to the determination of the occurrence of the instant accident, the details of the instant accident and the evidence duly admitted as a whole.

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