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(영문) 서울중앙지방법원 2020.06.05 2019나64008
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that entered into an automobile insurance contract with respect to C vehicle (hereinafter “Plaintiff”), and the Defendant is an insurance company that entered into an automobile insurance contract with respect to D vehicle (hereinafter “Defendant vehicle”).

B. On February 14, 2019, at around 13:42, the Defendant’s vehicle left the left at the right-hand turn of the two-lanes of the intersection in the Seodong-dong, Seodong-gu, Incheon Metropolitan City, Seodong-dong, the left-hand turn-hand one of the two-lanes. The left-hand turn-hand turn-on part of the Plaintiff’s vehicle, which was left-hand at the right-hand turn-hand turn-hand one of the two-lanes in the same direction, was shocked with the

(hereinafter “instant accident”). C.

On February 28, 2019, the Plaintiff paid KRW 1,551,590 as insurance money, excluding KRW 200,000 as the insured’s self-paid share, among total damages, such as the cost of repairing the Plaintiff’s vehicle, etc. due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 13, Eul evidence No. 2, video, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred by leaving the plaintiff's vehicle, which was sent to the left turn in the same way as the vehicle moving to the left, prior to the right turn in the same direction, and that it is an accident due to the unilateral negligence of the defendant's vehicle. 2) The defendant asserts that the defendant's vehicle at the time of the accident in this case conflicts with the plaintiff's vehicle prior to the first lane and the left turn to the left at the time of the accident in this case, so the negligence ratio of the plaintiff's vehicle and the defendant's vehicle should be 40:60.

B. In full view of the facts admitted prior to the error ratio and the purport of the entire arguments, the following circumstances are acknowledged, while the accident of this case took the left turn at one lane, the back door of the Plaintiff’s vehicle prior to the two-lane straight line in the same direction is the front corner of the Defendant’s vehicle.

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