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(영문) 서울중앙지방법원 2020.08.19 2019나77271
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment shall be revoked, and that part shall be revoked.

Reasons

1. Facts of recognition;

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

B. On January 9, 2019, around 22:22, the Plaintiff’s vehicle stopped along the signal waiting at the two-lanes near the F station located in Ansan-si, Sinsan-si, while making a left turn pursuant to the new subparagraph, the Plaintiff’s vehicle stopped on the left side of the Plaintiff’s vehicle and stopped on the side of the front side of the Defendant’s vehicle, which started on the same road as the gate on the left side after stopping on the left side of the Plaintiff’s vehicle.

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

On February 28, 2019, the Plaintiff deducted KRW 216,000 from the self-charges to repair the Plaintiff’s vehicle, and paid KRW 864,00 as the insurance money.

[Ground of recognition] The statements or images of Gap evidence 1 to 7, Eul evidence 1 to 4 (including paper numbers), and the purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant accident, the Plaintiff’s vehicle was left left at the two-lanes in accordance with the new subparagraph, and the Defendant’s vehicle was left right at the first two-lane, and the Plaintiff’s vehicle was shocked, and the instant accident was caused by the total negligence of the Defendant’s vehicle.

Therefore, the defendant is obligated to pay 864,000 won and damages for delay, which are equivalent to the insurance money paid by the plaintiff with the indemnity money, to the plaintiff.

B. The Defendant’s vehicle did not enter the intersection after passing the crosswalk, and did not begin to turn to the left at the crosswalk, and the instant accident occurred by shocking the Defendant’s vehicle in front of the Plaintiff’s vehicle in front of the signal traffic at the first lane. This is due to the total negligence of the Plaintiff’s vehicle.

3. Determination

A. The following circumstances, which may be acknowledged by adding up the evidence and the purport of the entire pleadings as seen earlier as the facts acknowledged prior to the ratio of negligence, namely, ①.

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