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(영문) 서울중앙지방법원 2020.09.18 2020나5104
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 an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff Vehicle”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. Around 08:50 on April 24, 2019, the Defendant’s vehicle, who entered the road by going directly to the right side of the intersection located in the Gu-si 35-dong, Dong-dong, Dong-dong, 35-dong, had a collision between the Defendant’s vehicle and its rear wheels (hereinafter “instant accident”).

C. On May 24, 2019, the Plaintiff paid KRW 4,431,00,000, excluding KRW 500,000,00 as insurance money, such as repair expenses, to the Plaintiff’s driver, etc.

[Grounds for Recognition: Facts without dispute, Gap 1 through 16 evidence, Eul 1 through 7 evidence (including each number in the case of a tentative number), the purport of the whole pleadings and arguments]

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to shock without discovering the Plaintiff’s vehicle, even though the Plaintiff’s vehicle entered the private-distance intersection without signal apparatus and was driving, and the negligence of the Defendant vehicle is at least 70%.

B. The Defendant’s assertion that the instant accident occurred due to the main negligence of the Plaintiff’s vehicle entering the intersection without yielding it to the Defendant’s vehicle, although the Defendant’s right of cross-sections to cross-sections on the right-hand side of the width.

C. The following circumstances acknowledged by the evidence as seen earlier, namely, ① the instant accident site is an intersection without signal apparatus, and the Plaintiff’s vehicle enters the intersection from the first line road on the left side of the Defendant’s vehicle; the Defendant’s vehicle entered the intersection from the second line on the right side of the Plaintiff’s vehicle; ② Meanwhile, the Defendant’s vehicle enters the intersection and passes the intersection to a considerable portion on the right side of the Plaintiff’s vehicle.

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