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(영문) 서울남부지방법원 2016.06.30 2016나51540
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into the automobile insurance contract with respect to B vehicle (hereinafter “Defendant”).

B. On August 7, 2014, around 15:30 on August 7, 2014, the Plaintiff’s vehicle continued to go straight along the intersection in front of the Incheon Medical Center located in the Dong-gu Incheon Metropolitan City, Incheon Medical Center, with a discharge-off and a discharge-off plane, despite the vehicle stop signal, while driving along the two-lanes of the 4-lane road at the e-mail e-mail.

On the other hand, the defendant's vehicle was the vehicle that tried to turn to the left, but stopped at the fourth way on the right side of the driving direction of the plaintiff's vehicle, and the left turn to the Incheon Medical Center in violation of the signal.

Accordingly, there was a conflict between the front part of the Plaintiff vehicle and the left part of the Defendant vehicle, and the conflict between C vehicle and D vehicle in the signal atmosphere while the Defendant vehicle is sealed in the opposite lane due to the above conflict.

(A) No. 5-20, hereinafter referred to as “instant accident”).

By January 27, 2015, the Plaintiff paid insurance proceeds of KRW 12,609,000, in total, the costs of repairing the Plaintiff’s vehicle and the cost of repairing the damaged vehicle (D) as damages for the instant accident.

[Ground of recognition] A without dispute, Gap evidence 1 to 5, Eul evidence 1 to 1, and the purport of the whole pleadings

2. In light of the fact that there is a direct fault in contravention of the signal, while the Plaintiff’s vehicle and the Defendant’s vehicle, who tried to turn to the left, are stopping at the fourth-lane on the right side of the driving direction of the Plaintiff’s vehicle without using the most left-hand turn, and the collision with the Plaintiff’s vehicle while making a left-hand turn in contravention of the signal, etc., the negligence ratio in the instant accident is 40% of the Plaintiff’s vehicle.

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