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(영문) 서울중앙지방법원 2019.07.11 2019나5474
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. Facts of recognition;

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

B. On June 21, 2018, around 14:33, the Plaintiff’s vehicle runs along four lanes, one of four-lanes, Seocheon-gu, Seo-gu, Seo-gu, Gwangju (hereinafter “instant road”).

In order for the Defendant’s vehicle, which has been bypassed to a three-lane, entered the moving direction of the Plaintiff’s vehicle to be bypass, and the front part of the Plaintiff’s vehicle was shocked to the right side of the Defendant’s vehicle.

(hereinafter “instant accident”). D.

On June 29, 2018, the Plaintiff paid KRW 6,720,000 for the repair cost of the Plaintiff’s vehicle after deducting self-charges.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 to 7 (including paper numbers), video, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The following circumstances, which are acknowledged by comprehensively considering the evidence and the purport of the entire arguments as revealed in the above recognition of the negligence ratio, namely, ① the Plaintiff’s vehicle was entering the intersection normally along the four-lanes, and ② the two-lanes of the road in this case and the three-lanes of the road in this case are all moving the intersections, and even if the vehicle driving the three-lanes of the road in this case does not interfere with the course of the vehicle moving the right-way at the right-way than the vehicle moving the right-way along the four-lanes, the Defendant’s vehicle was shocking the Plaintiff’s vehicle that was moving the right-way along the right-way intersections by narrowing the right-way radius in violation of the intersection passage method, and ④ the Plaintiff’s driver as the Plaintiff’s vehicle is predicted to enter the direction-way and defensive driving measures.

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