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(영문) 서울중앙지방법원 2021.03.31 2020나6947
구상금
Text

Of the judgment of the first instance, the part against the plaintiff falling under the following amount shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that entered into each automobile insurance contract with respect to D vehicles (hereinafter “Defendant”), and the Defendant is an insurance company that entered into each automobile insurance contract with respect to D vehicles (hereinafter “Defendant”).

나. 원고차량은 2019. 5. 31. 12:18 경 경북 칠곡군 석적 읍 장곡 길 석적 방법 초소 앞 ㅏ 자형 교차로에 이르기 직전 도로를 편도 2 차로 중 1 차로를 따라 진행하고 있었다.

The Plaintiff’s vehicle, as it is, entered the intersection by straightening the front part of the Plaintiff’s vehicle, but making a non-protective left-hand turn at the right-hand line with the front part of the Plaintiff’s vehicle, was shocked more than fences (hereinafter “the instant accident”).

On June 13, 2019, the Plaintiff paid KRW 1,868,60,00 as insurance money, excluding KRW 200,000,00 of the insured’s own share, among the cost of repairing the Plaintiff’s vehicle, etc. due to the instant accident.

[Reasons for Recognition] Unsatisfy, Gap evidence of Nos. 1 through 7 (including various numbers for which there are branch numbers), Eul evidence of Nos. 1 through 6, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that the instant accident was caused by the failure of the Defendant’s driver to turn back the center line to the intersection without turning on the direction direction direction, etc., and thus, the instant accident was caused by the unilateral negligence of the Defendant’s driver.

2) As to this, the Defendant asserts that the Defendant’s liability is merely 30 to 40%, since the instant accident occurred, even though the Defendant’s vehicle entered the intersection first, without yielding the Plaintiff’s vehicle.

(b) When drivers of all relevant regulations intend to turn to the left at the intersection, they shall go slowly along the intersection along the center line of the road in advance and turn to the left (Article 25 subparagraph 2 of the Road Traffic Act), and drivers of all motor vehicles shall control the traffic.

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