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(영문) 서울중앙지방법원 2019.07.26 2018나74275
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On November 13, 2017, around 19:00, the Plaintiff’s vehicle waiting at the one-lane road in front of the Nam-gu, Nam-gu, Gwangju, for the left turn to the left at the right turn. On the other hand, the Defendant’s vehicle driven at the two-lane (on a straight line) of the above road, and the left turn to the left at the intersection, and the Plaintiff’s vehicle intrudes on the front left turn of the Plaintiff’s vehicle at the intersection. In the process, the Plaintiff’s vehicle’s seat adjacent to the driver’s seat of the Plaintiff vehicle caused an accident (hereinafter “instant accident”).

C. On November 24, 2017, the Plaintiff paid KRW 1,320,000,000, excluding its own charges, at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, Eul evidence Nos. 1, 2 and 4 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred due to the preceding negligence of the driver of the defendant's vehicle who operated the accident in an abnormal manner without permission from the straight lane, while the defendant asserted that since the driver of the plaintiff's vehicle has shocked the defendant's vehicle prior to the driver's transfer of the vehicle, the driver of the plaintiff's vehicle must be considered at least 20% of the driver's negligence.

B. The following circumstances, which can be seen by comprehensively taking into account the aforementioned basic facts and the images of Gap evidence Nos. 6 and 7, including the overall purport of the pleadings, i.e., ① the defendant vehicle is proceeding at a considerable speed of two lanes, the straight-line exclusive lanes, and reaches the intersection of this case while driving at a considerable speed. The defendant vehicle is running at the intersection of this case without accelerating speed, and the driver of all the vehicles is at the intersection.

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