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(영문) 서울중앙지방법원 2018.04.25 2017나69580
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

1..

Reasons

Facts of recognition

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

B. At around 14:50 on February 15, 2017, the Defendant’s vehicle proceeded along the intersection from the two-lanes of the Cheongamon Park in the Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, to the intersection in the vicinity of the shooting distance in the Yongsan-gu, Yongsan-gu, Seoul, the two-lanes of the Cheongamon Park in the direction of the Cheongam-dong, and the left left at the first lane, followed the front part of the Plaintiff’s vehicle’s front part on the left part of the Defendant’s vehicle, following the left part of the

(hereinafter “instant accident”). C.

On March 23, 2017, the Plaintiff paid insurance proceeds equivalent to KRW 2,998,300,00,000 for the repair cost of Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, assertion of parties to the purport of whole pleadings

A. The Plaintiff’s instant accident is an accident caused by one’s negligence on the part of the Defendant vehicle, which caused the left-hand turn at the right-hand turn while the Defendant’s vehicle makes a left-hand turn at the right-hand and right-hand side of the intersection, and thus, the Defendant is obliged to pay the Plaintiff the amount equivalent to the total amount of insurance money of KRW 2,98,300 and the damages for delay thereof

B. At the time of the instant accident, the Plaintiff’s vehicle was driven behind the Defendant’s vehicle in a broad space where the intersections are not distinguished, and did not turn to the left at the left, and did not turn to the left, and did so, and went to the left at the right line, and caused the instant accident by one negligence obstructing the course of the Defendant’s vehicle at normal driving, and thus, the Plaintiff cannot accept the Plaintiff’s claim for reimbursement.

Judgment

In the above-mentioned facts and the video of Gap evidence No. 1, the background of the accident in this case, the current status of the accident site, and the plaintiff vehicle and the defendant vehicle.

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