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(영문) 서울중앙지방법원 2019.04.26 2018나61354
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. The circumstances leading up to the instant accident are as follows.

On April 2, 2018, at the time of the accident, the insured vehicle CD of the Plaintiff’s insured vehicle, and around 06:50 on April 2, 2018, at the time of the accident, the accident of this case, which conflict with the Defendant’s vehicle, which was left left to the left from the boundary of G University, was occurred while the Plaintiff’s vehicle nearby the FK located in Gwanak-gu, Seoul Special Metropolitan City, came to go to the front of the front of the driver’s seat of the Plaintiff vehicle and the front door of the Defendant vehicle were destroyed. The accident of this case caused the damage of the Plaintiff’s vehicle to the front of the front of the driver’s seat and the front door of the Defendant vehicle. The payment of the insurance money was 64,200,00 won on May 23, 2018 [based on recognition], without dispute, Gap’s evidence 1 through 6, Eul’s number 1, 22, and 6(a) and the purport of the entire oral proceedings.

2. Determination

A. In full view of the aforementioned evidence, the whole purport of the arguments is as follows: ① Defendant vehicle was waiting at the intersection at the time, and the left-hand turn was going to enter one lane among the two-lane roads depending on the traffic signal; ② Plaintiff vehicle was making a right-hand turn to the right-hand turn before the said intersection at the time of the said intersection; ③ Defendant vehicle was entering the said intersection before the Defendant vehicle; ③ Defendant vehicle did not take measures such as identifying and accelerating the entry of the Plaintiff vehicle; ④ Plaintiff vehicle was proceeding without leaving the right-hand side along the two-lanes as above; ④ Plaintiff vehicle was going to the right-hand side of the right-hand side, and thereby preventing Defendant vehicle’s proceeding. According to the above recognition facts, Defendant vehicle driver confirmed that Plaintiff vehicle had already entered the intersection by right-hand, and thus Defendant vehicle was confirmed.

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