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(영문) 서울중앙지방법원 2019.01.18 2018나51791
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. On October 21, 2017, around 13:00, the Plaintiff vehicle was proceeding one-way road in front of the “F High School” located in Gangnam-gu Seoul, Seoul (hereinafter “instant road”) from the Fhigh School room to the “G” page, a religious facility. However, the Defendant vehicle entered the instant road from the “G” parking lot located in the left side of the Plaintiff vehicle driving direction, and there was an accident that the Defendant vehicle, while entering the instant road from the “G” parking lot in the left side of the Plaintiff vehicle driving direction, conflicts between the front part and the left part of the Plaintiff vehicle’s left part and the rear part and the rear part (hereinafter “instant accident”).

C. On November 13, 2017, the Plaintiff paid insurance proceeds of KRW 13,965,000 at the repair cost of the Plaintiff’s vehicle.

The Plaintiff filed an application with the H Committee (hereinafter referred to as the “H Committee”) for deliberation and resolution on the ratio of negligence with respect to the Defendant, and the H Committee enters the road from the street on February 19, 2018 to the left-hand turn.

The ratio of liability between the plaintiff vehicle and the defendant vehicle was determined as 20%:80% in consideration of the fact that the defendant vehicle entered the front of the left side of the direction of the plaintiff vehicle and the shock part, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 12 (if there are serial numbers, including them; hereinafter the same shall apply), Gap evidence Nos. 7 through 11, 13, and the purport of the whole pleadings

2. Determination

A. The summary of the party's assertion 1 is that the plaintiff's vehicle could sufficiently verify the plaintiff's vehicle that was normally driven on the right side before entering the road of this case and entered the road of this case without temporarily stopping or drawing it. At the time when the plaintiff's vehicle almost passed the front of the defendant's vehicle, the defendant's vehicle behind the plaintiff's vehicle.

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