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(영문) 서울중앙지방법원 2018.08.22 2018나28395
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

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer that entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff-motor vehicle”).

The defendant is an insurer who has concluded a motor vehicle insurance contract with respect to the motor vehicle B (hereinafter referred to as the "Defendant vehicle").

B. At around 07:20 on March 31, 2017, the Defendant’s vehicle was passing through the instant intersection to turn to the left at the intersection of the landing bridge near Guro-gu Seoul Metropolitan Government opened (hereinafter “instant intersection”).

Plaintiff

The vehicle entered the instant intersection in order to turn to the left from the opposite direction with the Defendant’s vehicle, and there was an accident that the Defendant’s vehicle followed the Defendant’s vehicle and the Defendant’s vehicle faced with the Defendant’s driver.

(hereinafter “instant accident”). C.

On May 22, 2017, the Plaintiff paid insurance proceeds of KRW 400,220 with the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Gap evidence Nos. 3, 4, Eul evidence No. 2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's ground of appeal asserts that the accident of this case is 100% of the negligence of the defendant vehicle in relation to the accident of this case, since the defendant vehicle who tried to turn to the left does not pass through the intersection of this case and tried to turn to the left normally by going through the intersection of this case and tried to turn to the left normally.

B. According to the facts of recognition prior to the occurrence of damage liability and the ratio of liability, the defendant neglected his/her duty of care to prevent collision with other vehicles by viewing the rear side while going through the intersection of this case. Thus, the defendant is liable to compensate for damages caused by the accident of this case.

However, the driver of the plaintiff vehicle also recognized the fact that the defendant vehicle passes through the intersection, and attempted to turn to the left by entering the intersection in a unreasonable way, and the intersection.

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