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(영문) 서울중앙지방법원 2019.10.02 2019나11059
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On September 6, 2018, the Plaintiff’s vehicle moved to a one-lane Do road near F in Mapo-gu Seoul Mapo-gu, Seoul at the 119 center Maporo 119 center Myeon to G apartment room, and tried to make a bypass to the area of the Mpobu Myeon.

C. However, the number-free taxi vehicle stopped in front of the right side of the Plaintiff, and the Plaintiff’s vehicle was parked in order to turn on the direction direction, fright line, intrudes the central line, and pass ahead of the above vehicle, and the Plaintiff’s vehicle was parked in order to enter the lane into the intersection, which is driven from the surface of the public morals in the vicinity of the intersection to the right side of the intersection (hereinafter “lane on the left side of the intersection”).

On the other hand, the defendant's vehicle driven behind the plaintiff's vehicle in the same direction as that of the plaintiff's vehicle, and also entered the front side of the plaintiff's vehicle to make a right-hand side to the left-hand side of the intersection and stopped.

E. However, while the Plaintiff’s vehicle stops and attempts to make a right-hand side by looking at the flow of the vehicle on the left-hand side of the intersection, and is proceeding in the future, the part of the Defendant’s vehicle, which stops near the right-hand side of the Plaintiff’s vehicle, and the lower part of the front part of the Plaintiff’s vehicle, which conflicts.

(F) On September 20, 2018, the Plaintiff paid KRW 2,839,000 as insurance proceeds, deducting KRW 200,000 of the repair cost of the Plaintiff’s vehicle from KRW 3,039,000 due to the instant accident.

【Grounds for Recognition】 Evidence Nos. 1 through 11, and Nos. 1 through 5, or the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's alleged vehicle turns on the right direction, etc., and the defendant's vehicle.

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