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(영문) 서울중앙지방법원 2018.11.28 2018나42872
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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to a vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid entrepreneur who entered into an automobile mutual aid contract with respect to the vehicle B.

B. On August 19, 2017, at around 20:20, the Defendant’s vehicle driven along the fourth lane in the direction of the horse driving distance in the direction of the horse driving distance in the front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul Metropolitan City, and the front signal came to the intersection of the home-flusing distance, and entered the said intersection and changed the lane in the direction of five lanes from the four-lane to the five-lane. However, while the Plaintiff’s vehicle entered the said intersection while moving along the fourth lane on the right side of the Defendant’s vehicle, the front side of the Plaintiff’s vehicle was shocked with the front side of the right side of the Defendant vehicle.

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

On September 20, 2017, the Plaintiff paid KRW 172,720 as insurance money for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 through 6 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the defendant's vehicle entered the intersection without stopping a yellow signal, and that the accident of this case occurred by shocking the plaintiff's vehicle that was normally bypassing the intersection while changing the lane at the intersection. The plaintiff asserted that the responsibility for the accident of this case lies entirely on the defendant's vehicle.

In this regard, even though the defendant's vehicle entered the intersection prior to the plaintiff's vehicle, the accident of this case occurred while the plaintiff's vehicle did not live well in the movement of the defendant vehicle, and the accident of this case occurred. It should be reflected at least 60% of the negligence ratio of the plaintiff's vehicle in this case.

(b).

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