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(영문) 서울중앙지방법원 2018.10.11 2018나34246
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is each insurer who entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. Around 10:46 on September 27, 2017, the Plaintiff’s vehicle was making a left-hand turn to the left-hand turn on the left-hand turn at the front of the driver’s seat, and the Defendant’s vehicle that was made a right-hand turn from the above shooting distance to the front of the driver’s seat was shocked by the front part of the driver’s seat.

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

On October 18, 2017, the Plaintiff paid KRW 298,200 as insurance money for the repair cost of Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries or images of Gap evidence 2 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident occurred due to the overall negligence of the Defendant’s vehicle that confirmed the Plaintiff’s vehicle to turn to the left normally pursuant to the new subparagraph and went to the right edge of the road, despite the duty to turn to the right edge of the road, and breached the duty to turn to the right edge. Therefore, the Defendant is obliged to pay the Plaintiff KRW 298,200 and the damages for delay thereof. (2) The instant accident occurred due to the negligence of the Plaintiff’s vehicle entering the two lanes to the three lanes, and the Plaintiff’s negligence constitutes 50% of the Plaintiff’s vehicle.

B. In full view of the above-mentioned facts and the purport of the entire arguments, the instant accident ought to turn to the left by using the center inside the intersection, but the negligence of the Defendant vehicle, which neglected the duty of safe operation, to the extent that it does not interfere with the normal passage of other automobiles driving in accordance with the new subparagraph, should be deemed that the negligence of the Plaintiff vehicle, who moved to the intersection at the two-lanes to the third-lanes, and the right-hand turn to the intersection.

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