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(영문) 서울중앙지방법원 2020.12.10 2019나68314
구상금
Text

1. Of the judgment of the court of first instance, KRW 566,00 against the Plaintiff regarding the Defendant and its related amount, from June 27, 2017 to December 10, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into a comprehensive insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the operator of D Track Vehicle (hereinafter “Defendant Vehicle”).

B. On June 8, 2017, the Plaintiff’s vehicle driven a road sleeped on the slick side of the vibration at the time of wave on June 18, 2017, and there was an accident in which the part of the left side of the Defendant’s vehicle running on the opposite side and the left side of the Plaintiff’s vehicle shocked (hereinafter “instant accident”).

C. The Plaintiff’s vehicle is a narrow road where the two vehicles cannot pass along the road before reaching the Yar-type intersection. Although the road is a narrow road where the two vehicles cannot pass along, and there is a little obstacle to securing the field of the road on the left side, the Plaintiff’s vehicle was granted a strop speed, and the Plaintiff’s vehicle was in operation at a Yar-type intersection, starting to ensure a wide range of view, and immediately after the Plaintiff’s vehicle was changed to the left side of the road

(F) The Plaintiff’s vehicle was operated under the speed rather than the Plaintiff’s vehicle, but the vehicle was operated under the speed of less than the Plaintiff’s vehicle. However, the Plaintiff’s vehicle did not stop in order to obstruct the ombudsman by driving the vehicle.

On June 26, 2017, the Plaintiff deducted the amount of KRW 500,000 from the insured of the Plaintiff’s vehicle, and paid KRW 2,165,000 with respect to the damage of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1, 2 and 3, video, the purport of the whole pleadings

2. Determination

A. Comprehensively taking account of the above acknowledged facts and the purport of the entire arguments as seen earlier, the instant accident was conducted at a considerable speed in the immediately preceding Yar-type intersection without ensuring the view of view, and it was broad.

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