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(영문) 서울중앙지방법원 2020.01.10 2019나31855
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the Cbera cab (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who has entered into a mutual aid agreement with respect to Dsi (hereinafter “Defendant”).

B. On August 21, 2018, around 19:57, the Plaintiff’s vehicle overlaps with the Defendant’s vehicle that stopped on a four-lane while making a right-hand turn from the middle Triside to the right-hand side, along the three-lane straight lanes in the middle-distance Seoul Central District E, along with the three-lane straight lanes.

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

On September 3, 2018, the Plaintiff paid insurance proceeds of KRW 1,380,870 in total (excluding KRW 200,000) with the repair cost, etc. of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 through 13, and the purport of the whole pleadings

2. The parties' assertion

A. The accident of this case occurred entirely due to the negligence of the driver of the Defendant vehicle, since the Defendant’s assertion that the vehicle stopped at a place where the stopping or stopping is prohibited, and the accident of this case occurred on the wind, which is left straight on the fourth-lane exclusive road prior to right-hand.

B. Since the accident of this case occurred on the wind that the plaintiff vehicle alleged by the defendant makes a right-hand bypass, the accident of this case is entirely caused by the negligence of the driver of the plaintiff vehicle.

3. Determination

A. The following circumstances acknowledged by the above facts and the evidence revealed earlier, namely, ① the Plaintiff’s vehicle ordinarily makes a round of the instant accident at the three-lanes, the right-hand exclusive lanes, and ② the instant accident occurred at the wind that the Defendant’s vehicle, the right-hand exclusive lanes, disregarding the surface instructions, and the cause and circumstance of the instant accident, road situation, and the degree of each vehicle’s collision.

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