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(영문) 서울중앙지방법원 2016.11.17 2016나9185
구상금
Text

1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Basic facts

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

B. On January 2, 2015, at around 09:00, the Plaintiff’s vehicle run one-lane of the three-lanes of Part C in the Mayang-si, Chungcheongnamyang-si, and came into the intersection before the D Ka Center, and there was an accident that conflicts between the front side of the Defendant’s vehicle, which attempted to turn to the left at the time and the front side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On April 3, 2015, the Plaintiff paid KRW 1,000,000 as the repair cost of Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries or videos of Gap's evidence 1 to 7, the purport of whole pleadings

2. Occurrence and scope of liability for damages;

A. The plaintiff asserts that the plaintiff is not able to avoid the accident of this case, since the defendant's vehicle entered the intersection by disregarding his neglect and signal at the front time, and the accident of this case occurred by entering the intersection, and the plaintiff's vehicle driving the first line normally is not able to avoid the accident of this case. Thus, the plaintiff's assertion is an accident by the negligence of

In regard to this, the Defendant asserted to the effect that both vehicles were on-and-off signal at the time of the accident, and that the Defendant’s vehicle stopped at the intersection and attempted to turn to the left at the right slowly, while the Plaintiff’s vehicle was bound by speed in the vicinity of the intersection, and that the instant accident occurred, and that the Plaintiff’s vehicle’s negligence is more than 50%.

B. The following circumstances recognized by the above-mentioned facts and the evidence of the Si, namely, the instant accident site is a three-distance intersection where yellow lights are installed, and was a road bended by the direction of the Plaintiff’s vehicle in the direction of the said intersection until the said intersection, and the Defendant’s vehicle was waiting at the said intersection and attempted to turn to the left, even if the Plaintiff’s vehicle was at the intersection, and reached the intersection.

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