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(영문) 서울중앙지방법원 2017.09.06 2017나23805
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with B (hereinafter “Plaintiff”) and the Defendant is the insurer who has entered into the automobile insurance contract with C (hereinafter “Defendant”).

B. On November 3, 2016, around 07:43, the driver of the Plaintiff’s vehicle: (a) left the left-hand lane at the first-lane, the left-hand two-lane, the left-hand exclusive road in the e-mail intersection in the Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu; (b) shocked the Defendant’s vehicle, which was sent to the left-hand turn at the two-lane, the left-hand exclusive road; and (c) shocked the D and E vehicles (hereinafter “victim’s vehicle”) of the signal waiting in the opposite part.

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

As a result of the instant accident, the driver of the damaged vehicle and the passengers of the Defendant vehicle sustained the injury, and the Plaintiff paid KRW 2,185,500 in total with the medical expenses and agreement of the said victims during the period from November 29, 2016 to December 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident of this case is caused by the negligence of the driver of the plaintiff vehicle who was directly under the left left from the exclusive lane and the negligence of the driver of the defendant vehicle who neglected to take the direction at the time of moving back without turning on the driver's fault and the direction at the time of moving back, and that the negligence ratio of the driver of the defendant vehicle is about 10%, and the defendant is obliged to pay the money stated in the purport of the claim corresponding to 10%

B. The following circumstances recognized by each of the above evidence, namely, the accident site of this case is the left-hand exclusive road at the five-lane road, and the two-lane is the straight- and left-hand road, the vehicle of the plaintiff is left-hand and left-hand turn at the two-lane, the vehicle of this case, and the left-hand turn at the two-lane, the vehicle of the defendant is the left-hand turn.

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