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(영문) 서울중앙지방법원 2019.08.23 2019나10575
구상금
Text

1. The plaintiff assistant intervenor's appeal is dismissed.

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

purport.

Reasons

1. Basic facts

A. With respect to D vehicles (hereinafter “Plaintiff vehicles”), the Defendant is the insurer who concluded each automobile insurance contract with respect to the vehicle E (hereinafter “Defendant vehicle”).

B. Around 13:55 on August 10, 2018, the Plaintiff’s Intervenor, the driver of the Plaintiff’s vehicle, (hereinafter “ Intervenor”), was proceeding in accordance with one-lane of the intersection near the Yannam-gun, Yannam-gun, the Plaintiff’s Intervenor, and the driver of the Plaintiff’s vehicle, caused an accident where the front side of the Defendant’s left-hand side of the vehicle entering the said intersection and the right-hand side of the Plaintiff’s vehicle conflict (hereinafter “instant accident”).

C. On August 29, 2018, the Plaintiff paid a total of KRW 1,624,000 to the Intervenor as repair cost of the Plaintiff’s vehicle.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 10, Eul's evidence 1-1 and 2-2, and the purport of the whole pleading

2. The parties' assertion

A. At the time of the instant accident, the Plaintiff’s and the Intervenor’s alleged vehicle was normally driven along with the stop line prior to entering the intersection, and was temporarily stopped. However, the Defendant’s vehicle seeking to turn to the right side of the Plaintiff’s vehicle at the right side of the direction of the Plaintiff’s vehicle to turn to the road, neglecting its duty of front section and left and left the road, and proceed to the Plaintiff’s vehicle as a sudden front section without discovering the Plaintiff vehicle. As the instant accident occurred due to the Defendant’s negligence, the Defendant is obliged to pay the Plaintiff the 1,624,000 won paid at the repair cost of the Plaintiff’s vehicle and its delay damages.

B. At the time of the instant accident, the Defendant’s assertion that the instant accident occurred due to the negligence between the Plaintiff and the Defendant’s vehicle, on the premise that the Defendant was grossly negligent, inasmuch as the instant accident occurred due to the negligence on the part of both the Plaintiff and the Defendant’s vehicle.

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