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(영문) 서울중앙지방법원 2019.05.31 2018나51616
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 respect to C Vehicle (hereinafter “Plaintiff”). The Defendant is an insurer who has concluded an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant vehicle”).

B. On September 9, 2017, around 13:46, the Defendant’s vehicle was proceeding from the west-gu, west-gun, west-gun, west-gun, west-do, to the east-gu, 425-1, and was proceeding along the right-hand turn to the left-hand turn to the left-hand turn for the yellow on-and-off signal at the port side of the west-do, the vehicle discovered and operated the Plaintiff’s vehicle that entered the intersection from the east-gu, East-do, immediately before passing the stop line to the yellow on the left-hand signal, but it was not avoided, and there was an accident that shocks the right-hand side of the Plaintiff’s vehicle to the right-hand side of the Defendant vehicle (hereinafter “instant accident”).

C. On September 28, 2017, the Plaintiff paid the remainder of KRW 340,000 after deducting KRW 200,000 of the self-charges from the repair cost of Plaintiff 540,000.

In the procedure of deliberation by the committee for deliberation on disputes over indemnity against automobile insurance launched upon the Plaintiff’s request, the representative deliberation by the said deliberation committee on November 16, 2017 and the lawsuit deliberation on January 8, 2018 determined that the respective fault ratio of the Plaintiff’s vehicle and Defendant’s vehicle on the occurrence of the instant accident is 40%: 60%, but the Plaintiff did not accept the said decision.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1, 2, 4 through 8, Eul’s 2-1, 2, Eul’s 3 and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion (i.e., the Plaintiff’s vehicle entered the intersection and completed almost left turn. The Defendant’s vehicle attempted to turn to the left immediately without entering the intersection and caused the instant accident by shocking the Plaintiff’s vehicle. This is the Defendant’s vehicle.

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