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(영문) 서울중앙지방법원 2019.12.11 2019나31121
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. The circumstances leading up to the instant accident are as follows.

On August 23, 2018, at the time of the accident, the insured vehicle of the Plaintiff insured vehicle CD at the time of the accident, and around August 22:57, 2018, the insured vehicle of the Plaintiff (hereinafter referred to as the “Plaintiff vehicle”) in the vicinity of the hotel to the left-hand turn turn on the left-hand signal at the left-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-on on the left-hand turn-hand turn-hand turn-hand turn-on, the payment of the insurance money for the accident, and the payment of KRW 12,284,830 by December 31, 2018, shall be paid until December 31, 2018. The fact that there is no dispute about the payment of the insurance money for the Defendant vehicle of the Plaintiff insured vehicle of KRW 12,284,

2. Determination:

A. Comprehensively taking account of the overall purport of the evidence revealed earlier by the Plaintiff’s driver and the Defendant’s driver’s negligence, the instant accident is deemed to have occurred due to the Plaintiff’s fault at the entrance of the crossing and left-hand turn. Therefore, the instant accident is deemed to have occurred due to the Plaintiff’s primary negligence.

However, in light of the fact that the Defendant’s vehicle operated the bus exclusive lanes that are not opened, and the signal lights of the bus exclusive lanes at the time are not operated normally, it appears that the Plaintiff’s vehicle driver could have anticipated that the bus exclusive lanes would not be operated by the vehicle, and that the Defendant’s vehicle also entered the intersection because the signal signals, etc. of the bus exclusive lanes do not work normally, it is unreasonable for the Defendant’s vehicle to immediately enter the intersection, etc. in the situation where the bus exclusive lanes do not work normally, the driver’s negligence in the Defendant’s vehicle is the cause

In light of the circumstances of the accident in this case, it is reasonable to 80% of the negligence of the driver of the plaintiff vehicle and 20% of the negligence of the driver of the defendant vehicle.

B. The Defendant, the insurer of the Defendant, in accordance with the calculation of the amount of indemnity, subrogated the Plaintiff’s right to claim damages.

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