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서울중앙지방법원 2019.06.13 2018나84067

구상금

Text

1. Of the judgment of the court of first instance, the part of the plaintiff's failure ordering payment is revoked.

2. The defendant shall make the plaintiff 570.

Reasons

1. Basic facts

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

B. On July 19, 2018, at around 21:56, the Defendant vehicle was waiting to turn to the left on the front side of the F in Mapo-gu Seoul Mapo-gu, Seoul, to the left left, and the front side of the Plaintiff vehicle, which turns to the two-lanes, was caused by an accident involving the front side of the Defendant vehicle.

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

On July 31, 2018, the Plaintiff paid KRW 3,801,00 as insurance money after deducting KRW 500,000 of the self-charges for the damage incurred to the Plaintiff’s automobile repair cost.

The first instance court recognized the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle in relation to the instant accident as 15%: 85%.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1- 5, Eul evidence No. 4, and the purport of the whole pleadings

2. Determination:

A. The plaintiff asserts that the accident in this case occurred with the negligence of the defendant vehicle, and the defendant asserts that the defendant should limit the negligence of the defendant vehicle to 80% in consideration of the above, since the plaintiff vehicle did not yield driving to the defendant vehicle that is changing the lane and did not perform its duty to prevent the accident.

B. According to the above evidence, the defendant vehicle, at the time of the accident of this case, was waiting at a certain vehicle at intervals to turn to the left or to turn to the left at the right-hand turn or to the left-hand turn made in the form of plucking by plucking, or protruding to the right-hand turn on the intersection, and entered the direction to the right-hand right-hand way without turn to the direction of the vehicle as soon as possible.