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(영문) 대전지방법원 2019.06.28 2018나115304
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. Basic facts

A. As to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant’s vehicle”).

B. On December 6, 2017, around 08:30, the Plaintiff’s vehicle out of the one-lanes of the two-lanes of the two-lanes in the U.S. Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, was in contact between the Plaintiff’s vehicle and the Defendant’s vehicle (hereinafter “instant accident”) while receiving the simultaneous signal from the inside and making the left turn.

C. On December 7, 2017, around December 12, 2017, the Plaintiff paid KRW 568,000 for the repair cost, etc. of Plaintiff’s vehicle due to the instant accident.

[Ground for Recognition: Unsatisfy, Evidence No. 1-8, Evidence No. 1, Evidence No. 1, the purport of the whole pleadings]

2. The key issue of the instant case is the fault ratio of the Plaintiff’s vehicle and Defendant’s vehicle that contributed to the instant accident.

In full view of the following circumstances that can be acknowledged by the evidence mentioned above (see, e.g., Attachment No. 2), the fault ratio of the Plaintiff and the Defendant’s vehicle may be determined to the extent of 70:30.

① The point where the instant accident occurred is somewhat wide so that the two vehicles can stop, but it is a one-lane road without the distinction of the lanes. However, for left-hand turn, the accident occurred when the Plaintiff’s vehicle attempted to turn to the left-hand turn from the outside of the Defendant’s vehicle, which was signaled inside the road, for left-hand turn.

② Although the Plaintiff’s vehicle, as alleged in the Plaintiff’s assertion, went ahead before and after the Defendant’s vehicle was shocked, it is difficult for the Defendant’s vehicle, from the standpoint of the Defendant’s vehicle, to predict that the Plaintiff’s vehicle starting from the right side with simultaneous signal from the right side among the one-lane roads, is going straight ahead or bypassing, it is difficult to expect that the Plaintiff’s vehicle ought to make an attempt to turn to the left immediately from the outside.

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