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(영문) 서울중앙지방법원 2018.06.29 2018나3099
구상금
Text

1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that entered into a comprehensive automobile insurance contract with respect to B automobiles (hereinafter “Plaintiff vehicles”), and the Defendant is an insurance company that entered into a comprehensive automobile insurance contract with respect to C trucks (hereinafter “Defendant vehicles”).

B. On May 26, 2017, around 09:06, the Defendant’s vehicle proceeded to the left-hand turn at the entrance of Geumcheon-dong, Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant intersection”) and was proceeding from the two-lanes to the three-lanes at the location where the left-hand turn is nearly finished, the Defendant’s vehicle did not discover the Plaintiff’s vehicle that made the right-hand turn for entering the said road, and did not shock the part adjacent to the Plaintiff’s driver’s seat on the right-hand part of the Defendant’s vehicle (hereinafter “instant accident”).

(See attached Form No. 3). (C)

The intersection of this case is a private distance, and the traffic control by signal apparatus is conducted in four directions, and there was a right sign to the access road before the plaintiff's vehicle reaches the right. D.

On June 20, 2017, the Plaintiff paid insurance proceeds of KRW 4,000,000 at the cost of repairing the Plaintiff’s vehicle.

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

2. The plaintiff asserted that the accident in this case occurred due to the failure to discover the plaintiff's vehicle which had already been stopped and stopped at the two-lanes through the three-lanes, and that the accident in this case occurred due to the previous negligence of the defendant's vehicle that shocked the plaintiff's vehicle while entering the two-lanes to the three-lanes. Accordingly, the defendant, although the defendant's vehicle was proceeding with the ready-mixed vehicle that had been advanced after completing the left-hand turn in accordance with the new name, the plaintiff's vehicle was under way, but the vehicle was disregarded of the concession sign by the plaintiff's own right-hand before the right-hand, and the accident in this case occurred

3. Determination

A. The above facts of recognition and the evidence contained in the facts of recognition can be known.

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