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(영문) 서울중앙지방법원 2020.09.09 2019나73583
구상금
Text

1. Of the judgment of the first instance, KRW 3,929,090 against the Plaintiff and the Plaintiff’s objection thereto. From March 16, 2019 to September 9, 2020.

Reasons

1. The circumstances leading up to the instant accident are as follows.

On November 5, 2018 at the time of the accident, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, where around 14:46 on November 5, 2018, the first-lane road collision situation in the middle-gu Daejeon Special Metropolitan City, the Plaintiff’s vehicle driving along the two-lane road in the vicinity of the Busan Special Metropolitan City, was passing through the intersection in accordance with the straight-line signal, and the Defendant’s vehicle driving at the left-hand turn to enter the road from the left-hand side of the Plaintiff’s driving direction to the moving direction of the vehicle from the left-hand part of the front-hand part of the vehicle to pay the shock insurance money of KRW 4,021,00 to the left-hand side of the Plaintiff’s driving direction of the vehicle, and KRW 20,000 of the self-paid self-paid vehicle of the insured vehicle of the Plaintiff [based on recognition] A’s 1 through 9 (including a number; hereinafter the same

2. Determination

A. In light of all the circumstances that can be acknowledged by the aforementioned evidence, such as the place of the accident, collision, etc., it is reasonable to deem the instant accident to have occurred by the driver of the Defendant vehicle, who was trying to enter the Plaintiff vehicle under the new name without properly examining the Plaintiff vehicle that was driven by the signal, and the left-hand turn, the accident occurred, and due to the vehicle parked in the signal route, the Plaintiff vehicle would not have anticipated the entry of the Defendant vehicle into the intersection, and the Plaintiff vehicle driver would not have been able to expect the entry of the said vehicle in advance.

B. The Plaintiff asserts that the scope of the claim for reimbursement was the repair cost of KRW 4,221,00 due to the instant accident.

If Gap evidence Nos. 2, 5, and 6 and some of Gap evidence Nos. 9 are added to the purport of the whole pleadings, 4,129,090 won, excluding the total amount of KRW 91,910,00, such as 91,910, was found, but the above 91,910 won was incurred.

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