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(영문) 서울중앙지방법원 2021.01.15 2019나65193
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal shall be 1.

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 March 6, 2019:10:15, the Defendant’s vehicle left the direction of F in the direction of the new rock park on the back-road side without a front signal of the Daegu Dong-gu E, Daegu-gu (hereinafter “instant accident”). While the Defendant’s vehicle opened a shooting distance from the left-hand G apartment direction of the Defendant’s vehicle toward F direction, the front gate of the Plaintiff’s vehicle, which entered the direction from the F direction, was shocked to the front part of the Defendant’s vehicle’s left-hand part (hereinafter “instant accident”).

On April 1, 2019, the Plaintiff paid the remainder of KRW 1,060,50,000, excluding KRW 265,000, out of total damages, such as the cost of repairing the Plaintiff’s vehicle due to the instant accident, as insurance proceeds.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 5, video, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the instant accident occurred due to the negligence of the Defendant’s vehicle, since the Plaintiff’s vehicle entered the instant accident site after making a shooting distance, and the Defendant’s vehicle went through while passing through without driving the road to the right-hand side, while entering the private road, and shocking the Plaintiff’s vehicle.

2) As to this, the Defendant: (a) the Plaintiff’s vehicle and the Defendant’s vehicle entered the intersection at the same time; and (b) the Plaintiff’s vehicle did not yield the course to the Defendant’s vehicle having preferential right by entering the intersection on the right side; (c) so, the Plaintiff’s vehicle and the Defendant’s vehicle caused the

The argument is asserted.

B. The following circumstances are basically acknowledged based on the facts admitted prior to the negligence ratio and the purport of the entire arguments. The instant accident is basically the Defendant.

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