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(영문) 대구지방법원 2017.05.25 2016나309440
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to BAWD car owned by A (hereinafter “Plaintiff”).

The defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to the CM5 vehicle (hereinafter referred to as the "Defendant vehicle").

B. At around 22:00 on March 8, 2016, the Plaintiff’s vehicle passed the intersection of the two-lanes of the two-lanes of the efficiencies in the city, from the front left side of the Defendant’s vehicle, to the front left side of the Defendant’s vehicle, which made the left-hand turn at one-lane of the efficiencies market to the front left side of the Plaintiff’s left side of the front left side of the Defendant’s vehicle, at the front side of the Plaintiff’s left-hand side of the efficiencies market.

(hereinafter “instant accident”). At the time of the instant accident, signals, etc. were sent to both the direction of the Plaintiff’s vehicle and the opposite direction.

C. On March 31, 2016, with respect to the instant accident, the Plaintiff paid KRW 1,787,170 as the repair cost of the Plaintiff’s vehicle, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, video, voice, and purport of whole pleading

2. The parties' assertion

A. The Plaintiff’s instant accident entirely occurred due to the negligence of the Defendant’s driver, and thus, the Defendant is entitled to claim reimbursement for full payment of KRW 1,787,170 of the insurance money paid by the Plaintiff, and damages for delay.

B. The driver of the Plaintiff’s vehicle was negligent in entering the intersection and neglecting to do so.

Since the negligence of the driver of the Plaintiff’s vehicle should be considered to be 20%, the Defendant’s liability for indemnity should be recognized only within the limit of 80% of the insurance money paid by the Plaintiff.

3. Determination

(a) a vehicle that turn to the left at a left-hand area where the percentage of fault is determined 1 shall turn to the left in a manner that does not interfere with the passage of a straight-on vehicle while paying attention to the vehicle that comes directly from the opposite direction in accordance with the vehicle proceeding signal;

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