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(영문) 서울중앙지방법원 2019.12.05 2019나41944
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. The Plaintiff is an insurer who has entered into an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with D Vehicle (hereinafter “Defendant Vehicle”).

B. Around 20:00 on December 25, 2018, the Plaintiff’s vehicle conflicts with the Defendant’s vehicle that entered the intersection on the right side of the Plaintiff’s vehicle while going through the front intersection located in Daejeon Seo-gu E.

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

Under the above insurance contract, the Plaintiff paid 14,00,000 won remaining after deducting 500,000 won of self-paid expenses from the total of 14,500,000 won of the Plaintiff’s automobile repair expenses.

[Grounds for recognition] The items or images of Gap evidence Nos. 3, 6, and 7, and the purport of the whole pleadings

2. The plaintiff asserted that at the time of the accident in this case, the defendant vehicle entered the intersection immediately after the accident in this case, and the driver of the plaintiff vehicle could not avoid the accident. Accordingly, the defendant's vehicle entered the intersection with the driver of the defendant vehicle to be an accident caused by the driver's negligence. Accordingly, the defendant asserts that the plaintiff vehicle's negligence is 60% because the plaintiff vehicle was a shock accident while driving the vehicle without stopping at the intersection or decreasing speed.

3. According to the evidence above, at the time of the accident in this case, vehicles parked on the left side side up to the intersection of the accident in this case until the accident in this case, and therefore the view of the Defendant’s vehicle entering the intersection was obstructed, and the view of the Defendant’s vehicle was obstructed by the view of the Plaintiff’s vehicle entering the right side of the Plaintiff’s vehicle. Moreover, the Defendant’s vehicle also was obstructed by the view of the Plaintiff’s vehicle entering the intersection, and there was a stop line at the point where the Plaintiff’s vehicle entered the intersection as soon as on the ground of the accident in this case’s intersection, and the Plaintiff’s vehicle entered the intersection while entering the intersection.

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