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(영문) 서울중앙지방법원 2016.01.21 2015나29212
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

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

B. At around 00:30 on May 1, 2013, C driven the Plaintiff’s vehicle and carried out “T”-type crosssection (hereinafter “instant crosssection”) in front of the Gun/nam Elementary School in the Yancheon-gun, Yancheon-gun, Yancheon-gun, and then turn back to the left. At the end of the said crosssection where the Plaintiff’s vehicle completed almost the left turn to the left at a rapid speed from the end of the said crosssection to the right edge of the Plaintiff’s vehicle prior to the entry to the right edge of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. In view of the Plaintiff’s running direction, the instant intersection was installed with the two-lane left lanes and the two-lanes prior to the right side of the way prior to the entry into the intersection in the intersection, and the one-lane of the Defendant’s running direction prior to the entry into the intersection is the left turn way. The two-lanes and the three-lanes were moved back to the intersection before and after the intersection, and at the same time, the said intersection operated a yellow flash light, both the running direction of the original Defendant’s vehicle.

Until November 26, 2013, the Plaintiff paid 15,330,000 won in total, including 14,630,000 won for the repair cost of the Plaintiff’s vehicle and 700,000 won for towing expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including each number in the case of additional number), Eul evidence Nos. 1 through 7 (including each number in the case of additional number), or the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted by the parties. The instant accident is slowly driven by the Plaintiff’s vehicle at the instant intersection where yellow domination, etc. is located.

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