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(영문) 서울중앙지방법원 2020.02.19 2019나52746
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the additional payment order under paragraph (2) below.

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. At around 08:20 on January 8, 2019, the Defendant’s vehicle attempted to change the lane to a single lane at the intersection where signal, etc. around the front F kindergarten is installed, while trying to change the lane to a single lane, the vehicle’s right side of the Plaintiff’s vehicle, which was proceeding one lane on the left-hand part of the Defendant’s vehicle in accordance with the straight line with the straight line.

(hereinafter referred to as “instant accident”). C.

The Plaintiff paid 672,960 won (=45,390 won) in total, including 445,390 won on February 20, 2019, and 227,570 won on March 13, 2019, as medical expenses for the driver of the Defendant vehicle and his/her passengers due to the instant accident (i.e., KRW 445,390 won).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The instant accident occurred by shocking the Plaintiff’s vehicle, which had been in normal driving in line with the straight line, from a shooting range, such as a three-lane signal. As such, the instant accident occurred due to the total negligence of the Defendant’s vehicle. 2) At the time of the Defendant’s assertion, the Plaintiff’s vehicle, at the time of the instant accident, should immediately start through the intersection and reduce the speed, and even if it is necessary to safely drive the vehicle in line with the vehicle that is at right time, the instant accident occurred in concurrence with the Plaintiff’s vehicle and the Defendant’s vehicle.

B. The following circumstances, which can be acknowledged by comprehensively taking account of the evidence and the overall purport of the pleadings as revealed prior to the above facts admitted, namely, ① the Plaintiff’s vehicle at the time of the instant accident is a luminous slope from the flood control point of the flood control in accordance with the green signal at the said intersection.

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