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(영문) 서울중앙지방법원 2020.12.10 2019나39866
구상금
Text

The part against the plaintiff corresponding to the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

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

B. On December 29, 2018, around 10:04, the Plaintiff’s vehicle proceeding two lanes in the Jandong-Eup in Jandong-si, Jandong-si. On the other hand, the instant traffic accident (hereinafter “instant traffic accident”) occurred in front of the front part of the Defendant’s vehicle and the front side of the Plaintiff’s vehicle’s driver’s seat to leave the intersection to the right side while proceeding one lane in the same direction of proceeding.

C. On January 21, 2019, the Plaintiff paid KRW 924,090,090, excluding KRW 200,000, for the repair cost of the Plaintiff’s vehicle.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Gap evidence 6 through 9, Eul evidence 1 through 4 (including paper numbers), and the purport of whole pleadings]

2. The parties' assertion and judgment

A. The plaintiff alleged by the parties that the traffic accident in this case is the accident that the defendant's vehicle is driving in violation of the duty to safely drive the above intersection and was changing the vehicle from the two lanes to the right side in order to leave the intersection to the right side, and caused the plaintiff's vehicle. Thus, the defendant's negligence should be viewed as the defendant's vehicle. Accordingly, the defendant's obligation to pay 924,090 won as insurance money to the plaintiff. Accordingly, the traffic accident in this case is the cause of the accident that the plaintiff's vehicle driving in the two lanes of the above intersection did not yield to the defendant's vehicle. Thus, the plaintiff's negligence is proved to the purport that the plaintiff's vehicle is also negligent.

B. (1) According to the fact that the occurrence of the liability for damages is recognized, the instant traffic accident is due to neglect of the duty of safe driving, and the said traffic accident is changed from one lane to two lanes.

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