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(영문) 서울중앙지방법원 2017.10.25 2017나27470
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

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with B (hereinafter “Plaintiff”) with A, and the Defendant is the insurer who has entered into an automobile mutual aid contract with C (hereinafter “Defendant”).

B. Around August 11, 2015, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and driven it on the part of the Defendant’s driver’s front seat in front of the Plaintiff’s vehicle, and the Defendant’s vehicle, which was incorporated into the direction of the Plaintiff’s driving in accordance with the right side of the Plaintiff’s vehicle, was driving in the direction of Suwon-gu, Suwon-ro 3 in the direction of Suwon-gu, Gyeonggi-do Office in accordance with the direct Jin-si, under the direction of the Gyeonggi-do Office.

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

On August 19, 2015, the Plaintiff paid KRW 500,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 7 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the accident of this case occurred by the whole negligence of the defendant's driver who proceeded directly from the left-hand turn line of the vehicle without stopping prior to the entry of the plaintiff's vehicle into the joint-class line, even though the plaintiff's vehicle entered the joint-class line, and violated the duty of the joint-class line, and thus, the defendant should pay the plaintiff the amount equivalent to the repair cost paid by the plaintiff and the damages for delay.

B. According to the aforementioned evidence and the purport of the oral argument, the instant accident is caused by the negligence of the driver of the Plaintiff’s vehicle entering the intersection while the Defendant’s vehicle is running along the right-hand lane, and the negligence of the driver of the Defendant’s vehicle, who is bound to turn to the left-hand turn, depending on the one-lane left-hand left-hand turn, even though there were the Plaintiff’s vehicle entering the intersection, and in full view of the location of the instant accident, the situation at the time, etc., the Plaintiff contributed to the instant accident.

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