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(영문) 서울중앙지방법원 2019.01.15 2018나35676
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. Basic facts

A. With respect to the Plaintiff’s C Vehicle (hereinafter “Plaintiff’s Vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D Vehicle (hereinafter “Defendant’s Vehicle”).

B. At around 08:40 on February 6, 2018, at a three-distance intersection without the forward signal lights in the southyang-si, Namyang-si (hereinafter “instant intersection”), the Plaintiff’s vehicle runs along the alley road not divided into the lanes in the direction of the G upper point, while entering the instant intersection and moving back to the direction of the internal patrol box, the Defendant’s left side of the instant intersection and the rear seat of the Defendant’s vehicle passing through the instant intersection, at the direction of the internal patrol box, conflict between the front side of the Plaintiff’s left side and the front side of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

On February 27, 2018, the Plaintiff paid insurance proceeds of KRW 225,700 at the cost of repairing the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Items A 1 through 3, Eul 1 through 3 (including each number), the purpose of the whole pleadings and arguments

2. Judgment on the plaintiff's claim

A. The following circumstances revealing the fact of the negligence ratio of the instant accident and the entire purport of the pleadings in the evidence revealed prior to the instant case. In other words, (i) in the case of bypassing the intersection, it is necessary to proceed to the right side of the road in advance, and (ii) in the case of bypassing the intersection, and not only is the vehicle is parked on the right side of the Defendant vehicle in the direction where the Plaintiff’s vehicle is narrower than the road driving along the instant alley length, and it is difficult to confirm whether the vehicle is entering the instant intersection from the right side of the said runway on the said alley road. However, the Plaintiff’s driver enters the instant intersection without taking safety measures such as temporary stop prior to entering the instant intersection.

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