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(영문) 서울중앙지방법원 2015.10.23 2015나24651
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

2. The Defendant: (a) KRW 218,520 to the Plaintiff and the Plaintiff’s payment thereof on June 2014.

Reasons

1. Basic facts

A. The plaintiff is an insurer who has concluded each comprehensive automobile insurance contract with respect to the vehicle A (hereinafter the plaintiff vehicle), and the defendant is an insurer who has concluded each automobile insurance contract with respect to the vehicle B (hereinafter the defendant vehicle).

B. At around 16:50 on May 24, 2014, an accident occurred where the front side of the Plaintiff’s vehicle, which was directly located in the area of Seoul Myeon, from the front side of the left side of the Plaintiff’s vehicle and the front side of the front side of the Defendant’s vehicle, which was trying to turn back to the right side of the right side of the Defendant’s vehicle, was facing the front side of the right side of the vehicle (hereinafter “the accident in this case”).

C. On June 25, 2014, the Plaintiff paid a total of KRW 1,092,600 as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 7, the purport of the whole pleadings

2. The plaintiff asserts that the accident in this case occurred due to the total negligence of the driver of the defendant vehicle, since the defendant's vehicle that was driven in a three-lane where the right of way is not allowed to drive in the direction light and attempted to make a right of way in an unreasonable manner while attempting to make a right of way without operating the direction light.

In this regard, the defendant asserts that the accident of this case occurred in the course of the plaintiff's overtaking the vehicle in a right space of the defendant's vehicle, which was close to the right side space of the defendant's vehicle, while driving a four-lane for the defendant's four-lanes, by mutual negligence. Thus, the plaintiff's fault ratio of the plaintiff's driver in the accident of this case reaches 20% as determined by the committee for deliberation on compensation disputes (hereinafter referred to as the "committee").

3. The following circumstances, i.e., the roads where the instant accident occurred, i.e., the intersection approach four-lanes, in addition to the overall purport of the pleadings, on the entries or videos in Gap's 3, 4, and 6, and Eul's 1.

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