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(영문) 서울중앙지방법원 2018.11.22 2018나44113
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Facts of recognition;

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

B. On December 26, 2017, around 18:18:18, the Plaintiff’s vehicle went to the left and to the left at the top of the apartment house in the Samsung-Sami, Samsung-Sa, Samsung-Sa, the main part of which was the fronter and fronter of the Plaintiff’s vehicle, the fronter and fronter of the Plaintiff’s vehicle’s right-hand part, which was the fronter and fronter of the fronter.

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

By January 12, 2018, the Plaintiff paid KRW 200,000 as agreed money and KRW 68,950 as agreed money of the Plaintiff’s driver C, and KRW 811,600 as the repair cost of the Plaintiff’s vehicle on January 30, 2018 (Deduction of KRW 202,00 as self-charges) as insurance money.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2-1, 2-2, Gap evidence 3, 4, 6 through 10 (including branch numbers), Eul evidence 1, Eul evidence 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The driver of the Plaintiff’s vehicle who claimed to turn to the left was normally left according to the left turn, and the driver of the Defendant vehicle was bypass in violation of the right turn signal.

Therefore, the accident of this case is wholly caused by the negligence of the driver of the defendant vehicle.

B. The Defendant’s vehicle driver is negligent in not driving safely beyond the limit of the Plaintiff’s vehicle.

C. As to the ratio of negligence 1 to be determined, the following circumstances are the intersection where the signal apparatus is installed at the time of the occurrence of the accident, namely, the place where the accident in this case occurred, and the left-hand turn signal at the direction of the plaintiff vehicle at the time of the occurrence of the accident is green, and the vehicle signal at the direction of the defendant vehicle was displayed red.

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