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(영문) 서울남부지방법원 2019.03.22 2018나60562
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. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to DK3 Passenger Vehicles (hereinafter “Defendant”) with respect to the car (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to DK3 Passenger Vehicles (hereinafter “Defendant”).

B. On November 28, 2017, around 10:00, at the intersection where no signal, etc. is sent near the city conference of the city in Busan, the Plaintiff’s vehicle entered the intersection first and was living in the direction of the center, which led to an accident where the Plaintiff’s vehicle left the right side of the Defendant’s vehicle from the right side of the Defendant’s vehicle to the Defendant’s vehicle, and the front part of the right side of the Defendant’s vehicle was shocked by the lower part of the front part and the fences

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

On December 6, 2017, the Plaintiff paid KRW 845,00 (a separate amount of KRW 211,000 paid by the insured as exemption (self-payment)) at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s instant accident occurred due to the Defendant’s total negligence on the part of the Defendant’s driver who caused the Plaintiff’s shocking vehicle while making a turn to the left at the intersection after making a temporary stop in order to promote the Plaintiff’s right at the intersection. Thus, the Defendant, who is the insurer of the Defendant’s vehicle, is obliged to pay KRW 845,00 of the insurance money paid by the Plaintiff to the Plaintiff pursuant to Article 682(1) of the Commercial Act and the delay damages therefor.

(2) The Defendant’s instant accident occurred while the Defendant’s driver confirmed that there was no straight-on vehicle on the right side before entering the intersection and going to the left at the intersection, and the driver of the Plaintiff’s vehicle left the intersection at a rapid speed from the right side, and the Defendant’s vehicle is going to enter the intersection, and thus, the fault ratio of the Defendant’s vehicle ought to be 40%.

B. Determination 1 liability arises.

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