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(영문) 서울중앙지방법원 2020.05.07 2019나52371
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

[Claim]

Reasons

1. Facts of recognition;

A. The following are the developments leading up to the accident (hereinafter “instant accident”).

On March 10, 2019, at the time of the accident, the insured vehicle of the Plaintiff related to the insurance (hereinafter “Plaintiff”), Defendant Insured Vehicle C (hereinafter “Defendant Vehicle”) (hereinafter “Defendant Vehicle C”), the Plaintiff’s vehicle in the vicinity of the Korean Ambassador Intersection in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul at around 13:10 on March 10, 2019, was located in three lanes among the three-lane roads, while the Defendant vehicle was making a right-hand on the left side of the Plaintiff’s vehicle while the vehicle was making a right-hand on the one lane and the part of the Defendant vehicle’s left part of the collision amounting to KRW 1,841,50 on the payment of insurance proceeds, KRW 463,400 on the part of the Defendant vehicle

B. On March 14, 2019, the Plaintiff paid KRW 1,841,50,000, which deducted self-paid expenses for the Plaintiff’s automobile repair expenses, etc. as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that (1) the Plaintiff asserted that, while the Plaintiff’s vehicle was straighten in a straight line, the Defendant’s vehicle was making a straight line from the first lane, and the front part of the Plaintiff’s vehicle was shocked, the instant accident occurred due to the previous negligence of the Defendant’s driver, and that the Defendant claimed the full amount of the insurance money paid by the Plaintiff against the Defendant.

(2) As to this, the Defendant asserts that the Plaintiff’s vehicle was negligent on the right-hand road, and thus, the Plaintiff’s driver was negligent.

B. The following circumstances that can be acknowledged by comprehensively taking account of the evidence and images mentioned above, namely, ① the place where the instant accident occurred is indicated as an intersection along the three-lane road, ② the Defendant’s vehicle was at the right ofpass, but the Plaintiff’s vehicle was at the right ofpass on the road. In light of the fact that the Plaintiff’s vehicle was at the right ofpass, the instant accident is the Plaintiff’s vehicle.

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