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(영문) 서울중앙지방법원 2017.04.14 2017나6374
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to B vehicle (hereinafter “Defendant”).

B. On April 18, 2015, around 15:00, the Plaintiff’s vehicle was in the direct direction toward the south side from the set distance in front of the Diplomatic Association located in Seongbuk-gu, Sungnam-si. However, the Defendant’s vehicle, who was on the left side of the Plaintiff’s driving direction, was making a left-hand turn at the parking lot of the above D church that was located in the left side of the Plaintiff’s driving direction to enter the road, and was shocking the part that was left behind the left part of the Defendant’s

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

On September 3, 2015, the Plaintiff paid KRW 785,000 as the repair cost for the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 4, the purport of the whole pleadings

2. The following circumstances acknowledged by the above recognition and the evidence mentioned above, namely, the Plaintiff’s vehicle, when the Defendant’s vehicle was in a straight distance, was making a left-hand turn at the left-hand part of the Defendant’s vehicle, and the left-hand turn was shocked by the part before the left-hand part of the Plaintiff’s vehicle, and the Plaintiff’s vehicle was going slowly at the time, and it seems difficult for the Plaintiff’s vehicle to anticipate that the left-hand turn should be left-hand in the prohibited section. Even if it was possible for the Plaintiff’s household vehicle to expect that the left-hand turn would turn-hand at the left-hand part, the Plaintiff’s vehicle would not have any particular way to avoid it at the time, in light of the fact that the Defendant’s vehicle would yield a right-hand way to the Plaintiff’s vehicle, unless the Defendant’s vehicle did not have entered the front-hand line.

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