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(영문) 서울중앙지방법원 2019.05.16 2018나73555
구상금
Text

1. Of the judgment of the court of first instance, the part of the plaintiff's failure ordering payment is revoked.

2. The defendant shall make the plaintiff 85.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract with C Vehicle (hereinafter “Plaintiff”). The Defendant is a mutual aid business entity who entered into an automobile mutual aid agreement with D Vehicle (hereinafter “Defendant”).

B. On May 11, 2018, at around 08:16, in order to enter the Olympic Games near the third-lane of the Black-dong, Dongjak-gu Seoul Metropolitan Government, the Defendant was involved in an accident where the left left and left part of the Plaintiff’s vehicle, which was left at the right line on the left side of the vehicle at three-lanes along the guiding line at the right line, was taken from the front front line of the Defendant vehicle.

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

On May 30, 2018 due to the instant accident, the Plaintiff paid KRW 853,400,000, excluding the self-paid cost, to the Plaintiff’s automobile repair cost.

The first instance court recognized the fault ratio of the plaintiff's vehicle and the defendant's vehicle in relation to the instant accident as 10%: 90%.

[Ground of recognition] Facts without dispute, entries in Gap's 1, 2, 4, and 7 (including virtual numbers) and the purport of the whole pleadings

2. Determination:

A. The plaintiff asserts that the accident of this case occurred with the negligence of the defendant vehicle, and the defendant asserts that the plaintiff vehicle should consider the accident of this case since the plaintiff vehicle did not drive defensively or drive safely, or there was a fault of the front-time watching.

B. According to the above evidence, ① the occurrence time of the instant accident is around 08:16, and the vehicle at work to enter the Olympic Games, which is the place of the accident, was in mind, and for left-hand turn, the Defendant’s vehicle in the atmosphere would have access to the Plaintiff’s vehicle, which is the front vehicle, in order to stop the intersection by passing the intersection as much as possible at the left-hand turn at the time when the Plaintiff’s vehicle and the Defendant’s vehicle received the left-hand turn. ② The instant accident is likely to have been directly accessed the Plaintiff’s vehicle, which is the front vehicle, to stop the intersection.

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