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(영문) 서울중앙지방법원 2021.01.08 2020나4040
구상금
Text

1. The part of the first instance judgment against the Plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C vehicles, and the Defendant is an insurer who has entered into an automobile insurance contract with respect to D vehicles.

B. The circumstances surrounding the instant accident are as follows.

At the time of the accident, the insured vehicle (Plaintiff’s insured vehicle) (Defendant’s insured vehicle) CD on June 7, 2019 at the time of the accident, and in the situation of the collision with an intersection without signal, etc. near F G point in the south-gu, Ulsan-gu, Seoul (hereinafter “instant intersection”), the Plaintiff’s vehicle entered the instant intersection and stopped as the body of the vehicle. The Defendant vehicle, who attempted to turn to the left at 6:0 hours from the front right of the Plaintiff’s vehicle, was driving close to the front right of the vehicle, and the collision between the rear left side of the Defendant vehicle and the left side of the Plaintiff’s vehicle (hereinafter “accident in this case”). The Plaintiff paid KRW 561,00 as the repair cost of the Plaintiff’s vehicle on July 3, 2019 (No evidence No. 7).

2. The parties' assertion

A. At the time of the instant accident, at the time of the instant accident, the instant intersection was frequently along the vehicle and caused by illegal parked vehicles. While the Plaintiff’s vehicle was inevitable due to the vehicle parked at the right edge, it was inevitable to drive along the center line of the road. However, the instant accident occurred while Defendant’s vehicle attempted to turn to the left at the right edge of the Plaintiff’s vehicle, and thus, Defendant’s negligence should be recognized.

B. The Plaintiff’s vehicle stopped at the center while entering part of the instant intersection, and the Defendant’s vehicle was negligent in not evading to the right right at the time it attempted to turn to the left, and thus, the Plaintiff’s driver.

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