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(영문) 서울남부지방법원 2018.07.24 2017가단258682
구상금
Text

1. The Defendant’s KRW 45,570,00 for the Plaintiff and 5% per annum from November 21, 2017 to July 24, 2018.

Reasons

1. Basic facts

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

B. On September 25, 2017, at around 00:15, the Defendant’s vehicle: (a) crossing the D parking lot located in Busan Metropolitan City, Daegu Metropolitan City, to enter the road along the center line to a string line; and (b) the left part to the left part to enter the string line after the center line; (c) the Defendant’s vehicle shocked the front part and the front part of the Plaintiff’s vehicle, in which the two-lanes of the four-lane road in the above letter was straighted by green signals.

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

On November 20, 2017, the Plaintiff paid KRW 65,100,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap 1 through 8, Eul 1-1-2, Eul 2-2, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The instant accident occurred due to the negligence of 100% of the Defendant’s vehicle while illegally making a left-hand turn at a place where the left-hand turn is not allowed, and thus, the instant accident occurred.

(2) Even though the restricted speed of the place where the instant accident occurred by the Defendant, there was a concurrence between the negligence by which the Plaintiff’s vehicle neglected its duty of care in making a left-hand turn at 80km and that by which the Defendant’s vehicle neglected its duty of care. The negligence ratio between the Plaintiff’s vehicle and the Defendant’s vehicle is 60%: 40%.

B. (1) When entering a road in a building on the roadside or a parking lot, etc., drivers of motor vehicles and riders of horses shall drive slowly after checking whether they are safe after a stop (Article 18(3) of the Road Traffic Act), and drivers of motor vehicles who intend to make a left-hand turn at the intersection where traffic is not controlled, shall make a right-hand or right-hand turn.

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