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(영문) 서울남부지방법원 2019.01.10 2018나59074
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. Facts of recognition;

A. With respect to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to Dwheeled Vehicle (hereinafter “Defendant’s vehicle”).

B. On September 2, 2017, around 12:36, 2017, a traffic accident occurred between the Plaintiff’s vehicle, who had left-hand turn on the first line in front of the F station located in Busan Jin-gu, Busan, and the Defendant’s vehicle, who had left-hand from the right-hand side of the vehicle’s running direction to the left-hand side, and in the course of the collision, the Defendant’s vehicle shocked the harmony between the said road.

C. On May 22, 2017, the Plaintiff paid KRW 100,000 as the insurer of the Plaintiff vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. As the above traffic accident occurred due to the unilateral negligence of the driver of the Defendant’s vehicle, the Defendant is obligated to pay 100,000 won and damages for delay paid by the Plaintiff to the Plaintiff.

B. In full view of the developments leading up to the occurrence of the foregoing traffic accident, the location of the original and the Defendant vehicle at the time of the accident, and the degree of the collision, etc., the driver of the Plaintiff vehicle at the time of the occurrence of the said traffic accident, as shown in the video at the scene of the accident, attempted the “non-protective left-hand left-hand turn” and thus, if there is a concern over the normal passage of other vehicles by making the vehicle difficult prior to turn to the left-hand, the driver of the vehicle at the time of the occurrence of the said traffic accident would have caused the traffic accident without finding the Defendant vehicle at the time of the accident, even though the duty of care not to turn to the left-hand left-hand turn was not neglected and caused the traffic accident.

Therefore, above.

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