logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.27 2015나65263
보험금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract for business with the non-party stable transportation company and A (hereinafter referred to as “Plaintiff vehicle”), and the Defendant is the insurer who has concluded the automobile insurance contract for B (hereinafter referred to as “Defendant vehicle”).

B. On June 16, 2014, at around 09:47, the Plaintiff’s vehicle stops in the signal atmosphere at the intersection of the Sejong Special Metropolitan City Gwangjin-gu Squadong, apartment-gu, Seoul Special Metropolitan City, which is going to turn to the third-lane of the access road according to the new subparagraph, causing an accident that conflicts with the front part of the left part of the Defendant’s vehicle left to the third-lane of the access road on the right side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On September 18, 2014, the Plaintiff paid a total of KRW 476,600,000 for the medical expenses and the amount agreed upon by the Plaintiff’s driver C due to the instant accident.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 through 9 (including branch numbers, if any) and the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. The plaintiff asserts that the accident in this case is the simultaneous left-hand accident and the negligence of both vehicles concurrently occurred, and among them, the negligence of the defendant vehicle is more than 40%.

On the other hand, the defendant asserts that the defendant's vehicle did not make any error since the accident of this case occurred by shocking the defendant's vehicle that the plaintiff's vehicle left left and left left at the right side.

B. According to the above facts of recognition, the accident of this case occurred when the plaintiff's vehicle entering the intersection according to the one-lane and attempted to turn to the left outside of the intersection to enter the three-lanes. The vehicle seeking to turn to the left at the intersection must turn to the left safely by using the center inside the intersection, but the above duty of care should be exercised.

arrow