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(영문) 서울중앙지방법원 2020.05.21 2019나68413
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff equivalent to the amount ordered to be additionally paid shall be revoked.

Reasons

1. Facts of recognition;

A. The plaintiff is a non-profit corporation established with a person holding a private taxi transportation business license in Seoul Special Metropolitan City as its member, and is engaged in the business of making a regular inquiry within it and compensating for the damage, etc. to self-owned vehicles arising from the possession, use, and management of the vehicle by its member who has joined the upper conference. The plaintiff's assistant owner of D private taxi vehicle (hereinafter "Plaintiff's vehicle") is the plaintiff's member.

The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to vehicles E (hereinafter referred to as “Defendant vehicle”).

B. On February 26, 2019, around 15:00 on February 26, 2019, the Plaintiff’s vehicle waiting at the fourth-lane crossing in front of the Yangcheon-gu Seoul F Center, Yangcheon-gu, Seoul, along the left-hand turn turn, conflict with the Defendant’s vehicle that entered the same four-lane left-hand turn on the left-hand turn at the right right-hand turn.

(hereinafter referred to as “instant accident”). C.

On March 28, 2019, the Plaintiff paid KRW 1,548,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident to the repair business entity.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 7, 8 evidence, Eul evidence 1 to 4 (including paper numbers), video, and the purport of the whole pleadings

2. Determination

A. The following circumstances revealed by the above recognition of the percentage of negligence and the evidence mentioned above, namely, ① the Plaintiff’s vehicle waiting at a four-lane in the intersection, and entered the left-hand turn and left-hand turn according to the straight line and the left-hand turn, ② the Defendant’s vehicle entering the direction of the Plaintiff’s vehicle by right-hand at the intersection, prior to the intersection, shall enter the front right-hand side and then change the way of the left-hand turn vehicle into a four-lane in order only when safety is secured, without examining at all the progress of the vehicle at the right-hand turn.

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