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(영문) 서울중앙지방법원 2020.10.22 2020나2150
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to D two-wheeled Vehicle (hereinafter “Defendant”).

B. Around January 24, 2019, the Defendant’s vehicle overtakens the Plaintiff’s vehicle, which was left left at the front intersection of the front direction of the E at the time of Pakistan on January 16:46, 201, while driving on a two-lane road at the front direction of the E, and conflicts with the Plaintiff’s vehicle.

(hereinafter referred to as “instant accident”). C.

On February 28, 2019, the Plaintiff paid KRW 1,656,00 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 8, Eul evidence Nos. 1 and 3 (including paper numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The following circumstances can be acknowledged by comprehensively taking account of the above recognized facts and the evidence revealed earlier. ① The driver of the Plaintiff’s vehicle temporarily stops in order to turn to the left within the intersection of a three-lane road, and then turns to the left at the right edge of the Plaintiff’s vehicle, and the vehicle conflict with the Defendant’s vehicle trying to turn to the left at the right edge of the Plaintiff’s vehicle while passing through all other vehicles within the intersection; ② the Defendant’s vehicle is trying to pass to the left side of the Plaintiff’s vehicle by temporarily stopping and concession in accordance with the method of passage within the intersection provided by the Road Traffic Act; ② the Defendant’s vehicle knew of the fact that the Plaintiff’s vehicle is going to the right turn to the left at the right edge of the vehicle in the front intersection; ③ the instant accident occurred; ③ the Plaintiff’s vehicle, which is the Plaintiff’s vehicle after checking the safety of the moving direction and the left side of the road within the three-lane intersection, making it difficult to expect such vehicle to pass ahead of the Plaintiff’s vehicle.

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