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(영문) 서울중앙지방법원 2019.08.27 2018나78840
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On July 20, 2018, at the place of July 10, 2018, the insured vehicle (hereinafter “Plaintiff vehicle”) Defendant Insured Vehicle CD (hereinafter “Defendant vehicle”) at the time of the instant accident, such as the background of the accident, and the situation of the collision between the head office of the Korea Industrial Complex Corporation, Nam-ro, Incheon, Nam-ro, 43, North-ro, Seoul, and the head office of the Korea Industrial Complex Corporation, as shown in the attached Table, the Plaintiff vehicle was passing through the intersection by turning green signals from the two lanes.

The defendant vehicle, which has run a single-lane, has the left-hand turn at the intersection, and the front left-hand turn of the defendant vehicle and the left-hand side of the plaintiff vehicle were shocked.

Details of insurance proceeds paid 17,267,715 won by August 13, 2018

B. As to the instant accident determined by negligence, it is reasonable that the Defendant’s vehicle is entirely responsible for the instant accident.

The left-hand turn at a non-protected left-hand left-hand vehicle shall be noted to the left-hand turn at the opposite direction in a manner that does not obstruct the passage of a straight-on vehicle while paying attention to the vehicle from the opposite direction and does not obstruct the passage of a straight-on vehicle. The defendant vehicle has already entered the intersection, and even if the plaintiff vehicle is straight-on according to the green signal, the vehicle entered the intersection and then turn to the left at the same time, and the speed is not reduced or waiting at that time, and the plaintiff vehicle seems to have first entered the intersection in light of the collision point, collision part, and the speed of both vehicles, etc.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 6, the purport of the whole pleadings

(c) The defendant's duty to claim reimbursement of KRW 17,267,715 ( = 17,267,715 x 1.0)

2. The decision of the first instance court at the conclusion is consistent with this conclusion, and the defendant's appeal is without merit.

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