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(영문) 서울중앙지방법원 2017.12.21 2017가단5094900
구상금
Text

1. The Defendant’s KRW 13,308,00 for the Plaintiff and KRW 5% per annum from April 27, 2017 to December 21, 2017.

Reasons

1. Basic facts

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

B. On February 23, 2017, the Plaintiff’s vehicle was in the front direction of the 34 lub village apartment in front of the lub village apartment (hereinafter “instant intersection”) at the 3-lane from the direction of the agricultural and fishery products market in the middle direction, and there was an accident in which the front part of the Defendant’s vehicle, the front part of the vehicle, and the front part of the Plaintiff’s vehicle, and the left part of the front part and the left part of the Plaintiff’s vehicle, who turn left at the entrance of the said lub apartment, are faced (hereinafter “instant accident”).

C. On April 26, 2017, the Plaintiff paid KRW 33,270,000 with the repair cost of the Plaintiff’s vehicle due to the instant accident to the insured.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 11, Eul evidence 1, Eul evidence 5-1 and Eul evidence 5-2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case occurred by the whole negligence of the defendant vehicle without properly verifying the opposite straight vehicle. The plaintiff asserted that the accident in this case occurred by entering the unprotected left-hand turn without properly verifying the opposite straight vehicle.

In this regard, the defendant asserts that the negligence of the plaintiff's vehicle is more than 70% since the accident of this case occurred because the plaintiff's vehicle had already entered the intersection to make a left-hand turn, but the plaintiff's vehicle violated the traffic method by speed.

B. The following circumstances, namely, ① at the time of the instant accident, the Defendant’s vehicle had entered the intersection to turn to the left at the left at the time of the instant accident, and the vehicle, which was driven by the Plaintiff’s vehicle at the two-lanes of the straight line, are almost rare.

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