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(영문) 서울중앙지방법원 2016.07.14 2015나72629
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

purport.

Reasons

1. Facts of recognition;

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

B. On June 29, 2015, at around 17:25, when driving the Defendant vehicle, and making a right-hand at the intersection near the 8th apartment complex in Geumcheon-gu Seoul, Geumcheon-gu, Incheon, along the third-lanes from the south side of the luminous intersection to the breadth of the breadth of the luminous intersection, and changing the previous stop vehicle from the two-lanes to the two-lanes, the vehicle at the right-hand turn to the right-hand turn on the front side of the Defendant vehicle while the vehicle at the right-hand turn from the right-hand side at the right-hand side of the breadth opposite to the said intersection at the right-hand side of the said road, and then the pent part of the Plaintiff vehicle of the D driver who entered the three-lanes of the said road was shocked by the front part of the

(hereinafter “instant accident”). C.

On July 14, 2015, the Plaintiff paid insurance proceeds of KRW 2,075,00 as the repair cost for the Plaintiff’s vehicle.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including provisional number), Eul evidence 1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the accident of this case occurred due to shock of the plaintiff's vehicle that had been making a left-hand turn at the intersection while neglecting the duty of front-way navigation, the defendant is obliged to pay the above insurance money 2,075,000 won and damages for delay incurred by the plaintiff in relation to the accident of this case caused by the front-way mistake of the defendant vehicle.

In this regard, the defendant started to turn to the left at the one-lane of the crossing, and came to conflict with the defendant vehicle while making a turn to the left at the three-lane of the road where the defendant vehicle entered the right-hand side. Therefore, the negligence of the plaintiff vehicle that contributed to the accident of this case shall also be recognized by 50%.

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