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(영문) 서울중앙지방법원 2021.01.12 2020나60330
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal shall be 1.

Reasons

1. Basic facts

A. As to the Plaintiff C (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant”).

B. On May 31, 2019, at around 09:15, the Defendant’s vehicle, while making a non-protective left-hand turn at the ri-distance intersection located in the southyang-si at the Namyang-si, the front part of the Plaintiff’s vehicle, who was directly engaged in the left-hand turn, was shocked by the front part of the Defendant’s vehicle (hereinafter “instant accident”).

On June 14, 2019, the Plaintiff paid KRW 7,918,000 insurance money (i.e., repair cost of KRW 8,220,000 - the return of remainder 302,000) as the insurer of the Plaintiff’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence of Nos. 1, 2, 3, 5, 6, 7, 8, Eul evidence of No. 2 through 5 (including any number), and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff asserted that the accident of this case occurred due to the whole negligence of the defendant's vehicle that was rapidly left left without turning on the direction direction, etc., and thus, the defendant is liable to pay the insurance money paid by the plaintiff.

The argument is asserted.

(2) As to this, the defendant's act of negligence on the part of the plaintiff's vehicle, even though the defendant's vehicle was waiting in the first lane for left-hand turn, and it was also a cause of the accident of this case where the plaintiff's vehicle was driven by the driver's vehicle without any speed or warning.

The argument is asserted.

B. The following circumstances, which can be acknowledged by comprehensively taking account of all the evidence mentioned above in the above recognition facts, i.e., (i) the left turn at the time of signal of green light at a place where the left turn turn is located, the act of the Defendant vehicle operating the left turn according to the green light itself cannot be deemed to constitute a violation of signal, but the driver of the vehicle who turn to the left turn at the non-protection area shall turn to the left turn so as not to obstruct the vehicle coming from the opposite side.

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