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(영문) 광주지방법원 2021.01.28 2020나60207
구상금
Text

Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.

Reasons

1. Facts of recognition;

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

B. On December 12, 2019, around 18:35, the Plaintiff’s vehicle left the left at the two-lane right-hand and right-hand turn-hand turn-hand turn-on the front part of the Defendant’s vehicle’s right-hand part and the lower part of the lower part of the Plaintiff’s back seat of the driver’s seat (hereinafter “the instant accident”). C.

The Plaintiff’s vehicle was destroyed due to the instant accident, and on October 11, 2019, the Plaintiff paid KRW 343,556 (total repair cost of KRW 543,556 - KRW 200,000) as insurance money.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 to 4, video, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff’s vehicle was ordinarily left-hand at the right-hand and right-hand turn on the front line, and the Defendant’s vehicle was driving at a right-hand left-hand turn on the left-hand road and the instant accident occurred. As such, the instant accident occurred due to the negligence by 100% of the Defendant’s vehicle.

Therefore, the Defendant, as the insurer of the Plaintiff’s vehicle, is obligated to pay the Plaintiff the insurance proceeds paid by the Plaintiff at the repair cost of the Plaintiff’s vehicle, KRW 343,556, and delayed damages.

B. Determination 1) The following circumstances that can be recognized by comprehensively taking into account the facts of the above recognition and the overall purport of the arguments and evidence at the time, namely, the left or right turn on the surface of the lane on which the defendant's vehicle was driven, and the left or right turn on the surface of the lane on which the plaintiff's vehicle was driven, but the surface turn on the left or right turn.

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