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(영문) 서울중앙지방법원 2018.03.21 2017나52186
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

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

B. On December 20, 2015, while the Plaintiff’s vehicle was making a left-hand turn at the intersection of 1019 March 20, 2015, the Plaintiff’s vehicle entered the right-hand side of the intersection and left-hand at the intersection of 1019, Dongjak-gu Seoul Metropolitan Government, and there was an accident of collision between the Defendant’s vehicle’s upper part on the left side

(See Attached Form 3).

On March 15, 2016, the Plaintiff paid KRW 1,515,700 as insurance money to the insured of the Plaintiff vehicle according to the self-vehicle damage security.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 3 evidence, Eul 1, the purport of the whole pleading

2. Summary of the parties' arguments

A. Since the Plaintiff’s vehicle entered the intersection after confirming the vehicle that the Plaintiff’s vehicle directly affects the right side, the Defendant’s vehicle ought to yield the right, the said accident occurred by entering the intersection without yielding the Defendant’s vehicle, and thus, the Defendant’s driver was grossly negligent.

Therefore, the Defendant, as an insurer of the Defendant vehicle, is liable for paying damages to the insured of the Plaintiff vehicle due to the above accident. Since the Plaintiff paid the insured of the Plaintiff vehicle all damages due to the above accident in accordance with the insurance contract on the Plaintiff vehicle, the Defendant is exempted from liability. Thus, the Defendant should pay KRW 1,515,700, the total amount of the insurance money paid by the

B. The driver of a vehicle who intends to turn to the left at an intersection where traffic is not controlled by Article 26(4) of the Road Traffic Act even though the driver has a duty to temporarily stop to turn to the left from a three-distance and then intends to turn to the left.

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