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(영문) 서울중앙지방법원 2020.11.26 2020나9342 (1)
구상금
Text

Among the judgment of the first instance, the part against the plaintiff equivalent to the amount ordered to be paid additionally shall be revoked.

2.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff vehicles”). The Defendant is an insurer who has entered into an automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicles”).

B. On March 8, 2019, around 19:36, the Plaintiff’s vehicle conflicts with the Defendant’s vehicle that left the left to the left from the eductal intersection of the middle-sected intersection from the surface of the samples in the F apartment bank by straighting from the eductal distance room of the sampling to the eductal intersection of the middle-sected intersection.

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

On March 21, 2019, with respect to the instant accident, the Plaintiff paid KRW 17,490,000 as insurance money for the repair cost, etc. of the Plaintiff’s vehicle.

Meanwhile, on March 22, 2019, the Plaintiff returned KRW 1,265,00 with respect to the instant accident, and received reimbursement of KRW 7,967,50 from the Defendant on March 26, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 5, 6, 8 (including paper numbers; hereinafter the same shall apply), and the result of inquiry into the Incheon Western Police Station of this Court, the purport of the entire pleadings

2. Determination

A. The following facts can be acknowledged by comprehensively taking account of the above recognized facts and the evidence, that is, the collision with the Plaintiff’s vehicle that the Defendant’s vehicle had attempted to turn to the left in violation of the signal, which led to the occurrence of the instant accident, and the Defendant’s vehicle did not operate a direction light, and the Defendant’s driver could have sufficiently known that, if the vehicle attempted to turn to the left at the time of the instant accident, it would interfere with the normal traffic of the Plaintiff vehicle running on the opposite side or would interfere with the collision. However, the Plaintiff’s driver should enter the intersection with sufficient time to pass to the intersection and enter the intersection and at the same time, the front signal was changed by yellow.

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