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(영문) 서울남부지방법원 2020.07.24 2019나62732
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. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On March 19, 2019, around 09:15, at the intersection of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant intersection”), there was an accident that shocks the back part of the right side of the Plaintiff vehicle passing through the intersection by making a left turn from the two-lanes in front of the left side of the Defendant vehicle that attempted to make a right-hand turn at the two-lanes of the opposite direction (hereinafter “instant accident”).

C. The intersection in this case is a three-lane road in the direction of the vehicle and the defendant of the plaintiff vehicle, both of which are the first two-lanes, the second two-lanes are the right turn turn, and the third-lane is the right turn turn.

On March 26, 2019, the Plaintiff paid the amount calculated by deducting KRW 200,000 from the insurance money of KRW 969,800 as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Unsatisfy, each entry and video of Gap evidence 1 to 9 (including paper numbers) and the purport of the whole theory

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the unilateral negligence of the Defendant’s vehicle that attempted to make a right-hand turn at the two-lane, which is the right-hand turn, in the instant intersection where the right-hand turn is prohibited at the time of the red signal signal, and violated the duty of safe driving, such as the duty of a right-hand driving, and thus, the negligence of the Defendant’s vehicle should be deemed to be 100%. Therefore, the Defendant is obliged to pay the Plaintiff the insurance money paid by the Plaintiff to the Plaintiff as the reimbursement

B. The following circumstances that can be recognized by the aforementioned facts and the evidence revealed earlier, i.e., the intersection of this case is an intersection in which the right-hand turn is prohibited from the Defendant’s vehicle driving direction, and the first lane is the Uton circuit, and the second lane is the left-hand turn turn.

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