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(영문) 전주지방법원 2020.01.17 2018나13229
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

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with C and D vehicles (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with E and F vehicles (hereinafter “Defendant vehicle”).

B. On August 16, 2017, around 18:35, the driver of the Plaintiff’s vehicle attempted to make a right-hand at the intersection in front of the H Hospital located in Seojin-gu Seoul Metropolitan City, Seojin-gu, and then, the driver of the Defendant’s vehicle was in the direction of the I parking lot in Han-gu, and there was an accident of collision between the driver of the Plaintiff’s vehicle and the front and rear parts of the Defendant’s vehicle.

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

The Plaintiff paid KRW 732,997 to C as the repair cost of the Plaintiff’s vehicle, etc. due to the instant accident, KRW 58,500,00 for the treatment cost of the victim C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 1 through 3, the video and the purport of the whole pleadings

2. In light of the following circumstances: (a) the determination of the cause of the instant accident was examined; and (b) the Plaintiff’s vehicle was making a right-hand by making a stop before the right-hand; (c) the Plaintiff’s vehicle had already entered the intersection of the instant case where the Plaintiff’s vehicle is making a right-hand and entered the intersection at an rapid speed; and (d) the instant accident occurred; (b) the Defendant’s vehicle violated its duty to walk up before entering the intersection or give a right-hand side; and (c) the Plaintiff’s vehicle’s fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle should be deemed as 2:8, considering that the negligence, such as the Plaintiff’s vehicle’s failure to make a right-hand at the time of the right-hand prior to the right-hand passage, etc., concurrently

According to the above facts, the defendant is an insurer of the defendant's vehicle due to the accident of this case.

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