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(영문) 서울남부지방법원 2020.10.08 2020나51141
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be instituted.

Reasons

1. Basic facts

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

B. On April 9, 2019, around 20:35, the Defendant vehicle stopped in order to make a right-hand passage to the 4rd line road near the F station in Gyeyang-gu, Seoyang-gu, Yangyang-si. However, when the Plaintiff vehicle proceeds to the right-hand side of the Defendant vehicle in order to make a right-hand way, there was an accident that conflict between the chief side of the Defendant vehicle and the front side of the Plaintiff’s driver’s seat while making a right-hand way in front of the Plaintiff vehicle.

(hereinafter “instant accident”). C.

On April 17, 2019, the Plaintiff, as an insurer, paid KRW 4,064,00 after deducting KRW 500,000 from the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, 8, Eul evidence Nos. 2 and 3, video, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) while driving along the lane on the right side, the plaintiff's assertion 1) stopped on the left side of the plaintiff's vehicle, while the defendant's vehicle stops on the safety zone on the left side of the plaintiff's vehicle, and the accident in this case occurred by the driver's negligence. The defendant's assertion 2) even though it was sufficiently anticipated that the defendant's vehicle parked on the front side would make a right side, it is unreasonable to try to pass ahead of the defendant's vehicle to a narrow space on the right side of the defendant's vehicle.

Therefore, the negligence of the Plaintiff’s vehicle on the instant accident shall be at least 70%.

B. Prior to the occurrence of the instant accident, the following circumstances, which can be recognized by the facts based on the negligence ratio of 1 and the evidence revealed earlier.

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