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(영문) 서울중앙지방법원 2017.05.24 2016나76772
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff ordering additional payment is revoked.

The defendant is against the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B-owned vehicles (hereinafter “Plaintiff-owned vehicles”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to D-manufactured vehicles for C Driving (hereinafter “Defendant-owned vehicles”).

B. A, around 08:00 on April 24, 2016, when driving the Plaintiff’s vehicle and going straight along one-lanes from the direction of the library in the direction of viewing in the direction of the library in the direction of the library located in the city of the Government-Si, Do, the occurrence of an accident, as the Defendant’s vehicle enters the intersection in accordance with the same direction three-lanes, leading to a rapid change in the direction of the Plaintiff’s vehicle in order to make a left-hand turn at the right-hand part of the front part of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The location of the instant accident was allowed only direct dust in the three-lanes where the Defendant’s vehicle was in progress at the intersection where the left turn is prohibited, and at the time, the Defendant’s driver C was in the state of 0.082% of the blood alcohol concentration.

On July 8, 2016, the Plaintiff paid KRW 1,911,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1 to 12 (including additional numbers) and the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the accident in this case occurred due to the sudden change of the car line to the first lane that the Plaintiff’s vehicle was driven for the purpose of left-hand turn while entering the intersection where the driver of the Defendant vehicle is prohibited from drinking and the right-hand turn is difficult to determine the normal situation due to drinking. It seems that it was difficult to expect that the Defendant’s vehicle will enter the Plaintiff’s vehicle in the future.

Therefore, the defendant is liable to the plaintiff for reimbursement of KRW 1,911,00,00 due to the instant accident.

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