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(영문) 서울중앙지방법원 2020.11.20 2020나2914
구상금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

2...

Reasons

1. Facts of recognition;

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

B. On August 22, 2019, around 12:20 on August 22, 2019, the Defendant’s vehicle, prior to the waiting in the intersection located in Eunpyeong-gu Seoul Metropolitan Government for the right-hand transfer, was an accident where the Defendant’s vehicle in the right-hand transit did not discover the Plaintiff’s vehicle and shocked the Plaintiff’s vehicle on the right-hand side of the Defendant’s vehicle (hereinafter “instant accident”).

C. On October 1, 2019, the Plaintiff paid KRW 761,400,000 of the insurance proceeds, excluding KRW 200,000 as the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition: Facts without dispute, Gap 1 through 9 evidence, Eul 1 through 3 evidence (including each number in the case where there are several numbers), the purport of the whole pleadings and arguments]

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred is attempting to make a right-hand way without discovering the Plaintiff’s vehicle while waiting for the Plaintiff’s vehicle to enter the right-hand route.

The defendant's vehicle was shocked on the right side of the defendant's vehicle, which was caused by the total negligence of the defendant's vehicle.

B. The Defendant’s assertion that the instant accident occurred due to the Plaintiff’s entry into the right space of the Defendant’s vehicle for the right-hand transit while the Defendant’s previous Defendant’s vehicle was trying to move out to the outside by avoiding an unclaimed parking vehicle. The negligence of the Plaintiff’s vehicle is at least 60%.

C. Determination 1) When drivers of all vehicles intend to make a right-hand turn to the intersection, they need to pass the right-hand side of the road in advance (Article 25(1) of the Road Traffic Act and the overall purport of the arguments as seen earlier, i.e., the road where the instant accident occurred, i.e., the following circumstances acknowledged by adding the entire purport of the arguments.

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