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(영문) 제주지방법원 2017.06.29 2016나5702
구상금
Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff as an insurer is an insurer who has concluded a comprehensive automobile insurance contract with A, and the Defendant is the mutual aid association that concluded the automobile insurance contract with the vehicle for the vehicle of the Yongbalene (hereinafter “Defendant”) owned by the Defendant.

B. D, around 14:20 on August 27, 2015, operated the Plaintiff’s vehicle, and passed the Jeju-si, Jeju-si, Jeju-si, Jeju-si, and the Jeju-si, Jeju-si, Jeju-si, directly from Sejong-si to Jeju-si, Jeju-si.

At that time, E operated the Defendant vehicle and passed the said one-way road from the Jeju-si bank to the Sejong-do bank, and attempted to turn to the left-hand turn at the entrance distance from the Non-Protection Area, the left-hand turn.

C. The front part of the Plaintiff vehicle with the right side of the Defendant vehicle that attempted to turn to the left conflict (hereinafter “instant accident”), and the instant accident was destroyed by the front part of the Plaintiff vehicle.

On September 24, 2015, the Plaintiff paid KRW 1,040,000 at the repair cost of the Plaintiff’s vehicle to A, the owner of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7 (including branch numbers, if any; hereinafter the same shall apply) and Eul evidence 1 and 2, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. 1) At the time of the Plaintiff’s assertion, the Plaintiff’s vehicle was in direct operation in accordance with the U.S. code, and the Defendant’s vehicle was operating in the opposite direction and attempted to turn to the left at the left-hand turn, and the Plaintiff’s vehicle conflict. Thus, considering the speed violation of the Defendant’s vehicle at the time, the fault ratio between the Plaintiff’s vehicle and the Defendant’s vehicle should be calculated at 20.80. Therefore, the Defendant is obliged to pay to the Plaintiff KRW 832,00,00 for the repair cost of the Plaintiff’s vehicle at the time of the instant accident. (2) At the time of the Defendant’s assertion, the Plaintiff’s vehicle has a limited speed.

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