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(영문) 서울중앙지방법원 2017.06.23 2016나66393
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. The following facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings on the entries and images of Gap evidence 1 to 4, Eul evidence 1 to 3.

The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to A vehicles (hereinafter referred to as “Plaintiffs”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to B vehicles (hereinafter referred to as “Defendant”).

B. On February 6, 2016, around 10:05, the driver of the Plaintiff’s vehicle made a left turn to the two-round left turn from the Chuncheon basin by using two-lane lines (on the straight lines and left turn turn turn turn) in the vicinity of the Hocheon-si Intersection in the vicinity of the Hocheon-si Intersection.

However, the driver of the defendant vehicle, who was in a one-lane line of the same direction, did not turn to the left and received the part of the left side of the plaintiff vehicle as the part of the right fences of the defendant vehicle.

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

On February 19, 2016, the Plaintiff paid KRW 2,571,00 as repair cost for the Plaintiff’s vehicle due to the instant accident.

2. According to the above findings of the determination, the accident in this case occurred due to the main negligence of the driver of the defendant vehicle who was directly engaged in the left at a one-lane permitted only to turn to the left.

However, if the driver of the plaintiff vehicle makes a left turn at the two-lane, he is negligent in neglecting the duty of care to show the movement and distance of the defendant vehicle immediately next to the driver, and to prevent the accident from occurring.

In light of the above circumstances, such as the background of the accident, the degree of conflict, and the degree of conflict, it is reasonable to see the negligence ratio of the plaintiff vehicle and the defendant vehicle driver as 1:9.

Therefore, the Defendant’s KRW 2,313,90 (i.e., KRW 2,571,00 x 90% of the fault ratio of the Defendant’s vehicle) and the first instance court from February 20, 2016, which is the day following the Plaintiff’s payment of insurance money.

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