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(영문) 서울중앙지방법원 2016.10.06 2016나25125
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

purport.

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. At around 11:38 on June 27, 2015, C, while driving the Plaintiff’s vehicle and going to the left at the front of the E-ray intersection located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, the part of the front part of the Defendant’s vehicle in front of the left part in front of the left part of the Plaintiff’s vehicle, which turned to the front part of the lower part in front of the left part of the Plaintiff’s vehicle when going to the front part of the E-ray intersection from the front side of the front side of the west-gun.

(hereinafter “instant accident”). C.

On July 8, 2015, the Plaintiff paid the insurance proceeds of KRW 1,019,600 as the repair cost for the Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Evidence Nos. 1 through 8, Evidence Nos. 1 through 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is obliged to pay the plaintiff 61,760 won and delay damages, which are equivalent to 60% of the negligence ratio of the defendant rolling stock out of the above insurance proceeds, because the defendant rolling stock proceeds in an excessive speed without properly examining the right and the right at the intersection and caused the accident of this case where the plaintiff rolling stock entered the intersection, and the negligence ratio of the defendant rolling stock is 60%.

As to this, the defendant asserts that the plaintiff's vehicle that entered the intersection by entering the intersection before the defendant's vehicle first enters the intersection and completely passes through the intersection was forced to drive the vehicle while neglecting the duty of temporary stop and safe driving, and that the negligence ratio of the plaintiff's vehicle reaches at least 60%.

B. According to the reasoning of the judgment, the aforementioned evidence and arguments, the instant accident is an accident between traffic vehicles at the private-distance intersection without signal apparatus, and the Plaintiff’s vehicle and the Defendant.

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