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(영문) 서울중앙지방법원 2019.08.21 2018나84401
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Claim:

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. On April 15, 2018, around 12:58, the Plaintiff’s vehicle passed at the right side of the front line of the road of Incheon Strengthening-gun, without signal lights and other safety signs on 104-lanes from the front line of the Plaintiff’s vehicle (hereinafter “instant intersection”), and was straight from the right side of the Defendant’s vehicle entering the instant intersection, and the front line was damaged by collision with the Defendant’s vehicle entering the instant intersection.

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

On April 30, 2018, the Plaintiff paid KRW 644,660,00 calculated by deducting KRW 200,000 of the Plaintiff’s self-paid share of the Plaintiff’s insured from total damages of KRW 844,660 due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, each entry or video of evidence 7, the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant’s vehicle entered the instant intersection, as well as the left-hand turn, was immediately stopped while the Defendant’s vehicle entered the instant intersection.

Nevertheless, the accident of this case is caused by the negligence of the defendant's vehicle, since the defendant's vehicle continued to work without confirming the plaintiff's vehicle, and was shocked by the plaintiff's vehicle.

B. The instant accident occurred in the course of attempting to turn to the left without yielding the right even when the Plaintiff’s vehicle should yield the right of way to the Defendant, because the Defendant’s assertion was the Defendant’s right of priority to the Defendant’s vehicle.

Therefore, the accident in this case occurred concurrently between the negligence of the plaintiff vehicle and the defendant vehicle.

3. Determination

A. The evidence and the whole pleadings mentioned earlier are acknowledged prior to the determination of the ratio of negligence.

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