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(영문) 서울중앙지방법원 2018.05.29 2017나90287
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

1..

Reasons

1. Basic facts

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

B. At around 15:20 on April 20, 2017, the Defendant’s vehicle entered a three-lane of the 3rd line road of the 3rd line of the 3rd line (hereinafter “instant road”) by moving back from the intersection of the west-dong, Geumcheon-gu Seoul to the west-gu, the intersection at the intersection of the west-dong, Geumcheon-gu, Seoul, to the west-gu, Seoul. At the same time, the Defendant’s vehicle changed to the two-lane, the left left from the front line to the two-lane of the instant road, and, at the same time, the Plaintiff’s vehicle changed to the two-lane to the two-lane, the more part of the front rear after the front side of the Plaintiff’s vehicle’

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

On May 10, 2017, the Plaintiff paid KRW 1,665,600 with respect to the instant accident at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, 8, 9 evidence, Eul evidence to 5 and 6, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The following circumstances revealing the occurrence of liability for damages, the above recognition ratio, and the purport of the entire argument as seen earlier, namely, at the time of the instant accident, the Plaintiff’s vehicle first entered the instant intersection in accordance with the new subparagraph, and the Defendant’s vehicle attempts to make a right turn to the left turn at the front of the road and immediately change into the two-lane by making a right turn to the left turn while viewing that the Plaintiff’s vehicle is passing through the intersection.

The accident of this case occurred, however, in light of the fact that the driver of the plaintiff's vehicle could see the defendant's vehicle which is making a right-hand turn at the right-hand turn, but passes through the intersection after the left-hand turn and immediately changes the two-lane to the two-lane, the accident of this case does not properly address the traffic situation at the time of entering the intersection.

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