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(영문) 서울중앙지방법원 2021.01.12 2020나63780
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

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

나. 원고 차량은 2019. 7. 31. 10:22 경 부산 남구 수영로 39번 길 부근 삼거리( 신호 등이 없는 ㅏ 자형 교차로) 의 편도 1 차로를 따라 직진하던 중, 피고 차량이 원고 차량 진행 방향의 오른쪽 소로에서 위 교차로로 진입하여 좌회전하면서 피고 차량의 왼쪽 앞부분과 원고 차량의 오른쪽 뒷부분이 충돌하는 사고( 이하 ‘ 이 사건 사고’ 라 한다) 가 발생하였다.

(c)

On August 19, 2019, the Plaintiff paid insurance proceeds of KRW 3,947,550, which deducts KRW 200,00 of the repair cost of the Plaintiff’s vehicle from KRW 4,147,550 due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1-2, Eul evidence No. 2, Eul evidence No. 2, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff asserts that the accident of this case occurred due to the total negligence of the defendant vehicle that the defendant vehicle, while the vehicle was in a direct position according to the plaintiff vehicle, left left at a rapid speed without yielding the course from the small road, and thus, the defendant should pay the insurance money paid by the plaintiff to the plaintiff.

(2) As to this, the Defendant asserts that the Plaintiff’s vehicle was not negligent in the occurrence of the instant accident, since the Plaintiff’s vehicle was at a rapid speed without properly examining the vehicle from the intersection.

B. In light of the developments leading up to the occurrence of the instant accident and the location of each vehicle and the degree of collision, which can be known by the aforementioned facts and the evidence as seen earlier, the instant accident occurred by the Defendant’s vehicle, who was going to the lawsuit, to turn to the left, and the Plaintiff’s vehicle was going to go to the right.

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