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(영문) 서울중앙지방법원 2018.04.27 2017나69948
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

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

B. Around 14:20 on January 24, 2017, the driver of the Defendant vehicle driven the Defendant vehicle and brought to the left at the front line of the erode shop in the Shipo-si, the driver of the Defendant vehicle shocked the front part of the Plaintiff vehicle, who was in front of the erode in the front line of the Defendant vehicle, on the right right side from the running direction of the Defendant vehicle at the time, to the left side of the yellow erode.g., the front part of the Defendant vehicle.

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

On March 17, 2017, the Plaintiff paid KRW 3.5 million to C, KRW 2.30,00 to D, KRW 306,00 to D, and KRW 2.6,716,00 to E, including KRW 2.680,00 (= KRW 3,500,000, KRW 230,000, KRW 306,000) to the Plaintiff’s vehicle repair cost due to the instant accident.

[Ground of recognition] Facts without dispute, Gap 1, 3, and 4's statements, Gap 2's evidences, Eul 1 to 4's images, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff asserts that the accident in this case is due to the fault of 70% on the defendant's vehicle because the accident in this case occurred due to the mistake of returning hand to the intersection without a temporary suspension while entering the intersection where the defendant's vehicle had to temporarily stop and turn to the left.

(2) As to this, the Defendant asserts that the Plaintiff’s vehicle was negligent solely on the Plaintiff’s vehicle, since the instant accident occurred because the Plaintiff’s vehicle did not yield the course, despite having entered the instant intersection, even if the Defendant’s vehicle entered the said intersection.

B. The driver of any motor vehicle who intends to drive the motor vehicle into the intersection where traffic is not controlled by the legal principle on the ratio of negligence between the plaintiff and the defendant.

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