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(영문) 서울중앙지방법원 2019.09.18 2018나86117
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On August 24, 2018, at around 21:50, the Plaintiff’s vehicle entered a two-lane of “F store” located in Gwangju Dong-gu, Gwangju, into the first two-lane of the two-lane of the two-lane of the two-lane of the two-lane (hereinafter “instant road”). On the other hand, the Plaintiff’s vehicle, who entered the instant road bypassing from the direction adjacent to the Plaintiff’s vehicle, conflict with the Defendant’s vehicle that entered the instant road.

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

On September 18, 2018, the Plaintiff paid KRW 6,330,00,00, after deducting KRW 500,000 of the self-paid cost from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Gap evidence 8 through 9, Eul evidence 1 through 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s vehicle, and the Defendant should pay KRW 6,330,000 to the Plaintiff, excluding the Plaintiff’s own share, as a reimbursement.

B. The following circumstances, which can be recognized by comprehensively taking account of the evidence and the overall purport of pleadings as to the above facts of recognition as to the percentage of fault, namely, ① the Plaintiff’s vehicle has been entering the first lane of the road in this case after completing the left-hand turn in accordance with the new code, and thus, the Defendant’s vehicle entering the road is obliged to take a primary duty of care in cases where safety is ensured by closely examining the driving of the Plaintiff’s vehicle that completed the left-hand turn, and ② the Defendant’s vehicle is bypassing the right-hand turn in accordance with the road that was separately built for the right-hand vehicle to the outside of the intersection in the road of this case.

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