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(영문) 서울중앙지방법원 2021.01.15 2020나41155
구상금
Text

Of the judgment of the court of first instance, the part against the plaintiff concerning the money ordered to be paid additionally shall be revoked.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either in the absence of a dispute between the parties, or in the statement or image of Gap evidence Nos. 1 to 4, 6, and Eul evidence Nos. 1 to 3 (including the number with a branch number).

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”). The Defendant is an insurer who entered into an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”). The Defendant is an insurer who entered into an automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On October 4, 2019, around 21:05, the Plaintiff’s vehicle was proceeding with the Defendant’s vehicle entering the said intersection in order to make a non-protective left-hand turn at the first lane on the right-hand side of the horse at the time when entering the said intersection while driving in one lane among the two lanes of the Dondo-dong-dong 4-dong-dong-dong-dong-dong-dong-dong-dong 4 (Wang-do-dong 4 lanes). (hereinafter “the instant accident”).

C. On November 12, 2019, the Plaintiff paid KRW 1,528,50,000, excluding KRW 381,000, out of the repair cost and the cost of parts of the Plaintiff’s vehicle.

2. Existence and scope of the obligation for indemnity.

A. The Plaintiff is aware that the instant accident was caused by the negligence of the Defendant’s driver who entered the said intersection in order to make a left-hand turn without protection, even though the Plaintiff’s vehicle was aware that the instant accident was entering the said intersection in accordance with the straightline.

However, in full view of the aforementioned facts and the purport of the entire arguments, the instant accident enters the said intersection in order for the driver’s negligence of the Defendant vehicle who entered the said intersection and the two other vehicles to make a left-hand turn to the left-hand turn to the said intersection in the situation where the two-way straight signal devices are operated.

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