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(영문) 서울중앙지방법원 2020.05.13 2019나63685
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

The first instance court.

Reasons

1. Basic facts

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

B. On December 15, 2018, around 07:02, the Defendant’s vehicle, along the two-lane road in the direction of the expressway (on the two-lane road prior to the intersection), conflicts between the driver’s seat of the Plaintiff vehicle, which was left left left at the two-lane (on the two-lane), and the right corner of the Defendant vehicle.

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

On January 29, 2019, the Plaintiff paid the insured KRW 21,653,00 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Each entry or video of Gap evidence 1 to 13, Eul evidence 1, 2, and 3 (including paper numbers), and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s assertion (1) the Defendant’s vehicle sent to the left-hand turn in violation of the road surface indication, and even if the Defendant’s vehicle was trying to turn to the left, the Defendant vehicle neglected to turn to the left-hand turn at the crosswalk but failed to turn to the left-hand turn, and the Plaintiff’s vehicle neglected to turn to the left-hand turn on the left-hand turn at the same two-lane, so the instant accident occurred due to the unilateral negligence of the Defendant vehicle.

Therefore, as the Plaintiff paid insurance money equivalent to the cost of repairing the Plaintiff’s vehicle and acquired the right to claim damages by subrogation from the insurer, the Defendant is obligated to pay the Plaintiff the amount stated in the claim for reimbursement.

(2) The Defendant’s vehicle was trying to make a normal left-hand turn at the first lane, and the Plaintiff’s vehicle, which was followed at the second lane, did not go to the left-hand turn, and shocked the Defendant’s vehicle while passing a left-hand turn.

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