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(영문) 서울중앙지방법원 2017.11.08 2017나40466
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. Basic facts

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with B (hereinafter “Defendant”) with respect to the vehicle A (hereinafter “Plaintiff vehicle”) with the Egyptian Island Co., Ltd.

B. On September 13, 2016, around 15:45, the Defendant’s vehicle entering the road bypassing the front road of the department store of the Plaintiff’s vehicle from the fire-fighting road on the right side of the Plaintiff’s vehicle to the lurine distance, while the Plaintiff’s vehicle was proceeding in the direction of lurgical distance from the lurgian-dong, Daegu Northern-gu Eup, Daegu-dong, Daegu-dong.

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

On February 1, 2017, the Plaintiff paid KRW 2,735,460 at the repair cost of the Plaintiff’s vehicle.

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

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case is an accident caused by the whole negligence of the driver of the defendant vehicle who entered the road, who moved in in by way of the road and entered the road.

On the other hand, the defendant asserts that even if the defendant could have been aware of the defendant's vehicle in the process of bypassing to the right side at the time of the accident at the time of the accident, the driver's fault ratio of the plaintiff's driver who violated the duty of bypassing to the right side shall reach

B. The following circumstances, which are acknowledged based on the above evidence and the purport of the entire argument, are as follows: the Plaintiff’s vehicle entered the route, the Defendant’s vehicle has preferential traffic right to the Plaintiff’s vehicle, and the Defendant’s vehicle might shock the front part of the Plaintiff’s vehicle. In light of the fact that the Plaintiff’s vehicle driver could have been difficult to avoid the instant accident, it is reasonable to deem that the instant accident occurred due to the negligence of the Defendant’s vehicle.

Therefore, the defendant is subrogated by the insurer to the plaintiff vehicle.

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