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(영문) 서울중앙지방법원 2019.08.16 2018나85985
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

1..

Reasons

1. Basic facts

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

B. On March 23, 2018, around 16:30, the Plaintiff’s vehicle entered the instant intersection by straighting one lane of the first road into the intersection in which the signal apparatus is not installed in front of the F Elementary School, E (hereinafter “instant intersection”). On the right side of the proceeding, the Plaintiff’s vehicle entered the instant intersection by straighting one lane of the road. During the process, the Plaintiff’s vehicle’s front gate part of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On June 11, 2018, the Plaintiff paid KRW 3,301,00 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

On May 11, 2018, the Defendant filed a request with the H Committee (hereinafter “H Committee”) to deliberate on the ratio of negligence, and the H Committee rendered a decision to deliberate on and coordinate that the ratio of responsibility between the Plaintiff and the Defendant’s vehicle shall be 60%: 40%.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 7, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion that the instant accident occurred due to the previous negligence of the Defendant’s driver on the ground that the Plaintiff’s vehicle entered the instant intersection and passes through the intersection, and the Defendant’s vehicle entered the intersection at the latest, and the Plaintiff’s right side of the Plaintiff’s vehicle was shocked.

(2) The intersection of this case has priority to the Defendant’s vehicle traveling along the right direction, while driving along the Plaintiff’s vehicle with an over-speed and reflective radius while driving along the direction.

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