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(영문) 서울중앙지방법원 2020.12.16 2020나33949
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

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

B. At around 17:50 on November 7, 2018, the Defendant’s vehicle driving a one-lane where only the left-hand turn is possible among the three-lane roads at the front of the F-distance Intersection in E in the East Sea at the same time as of November 7, 2018, and attempted to go straight, and the left-hand turn turn on the left-hand side of the Plaintiff’s vehicle at the right-hand side was shocked with the front left-hand side of the Defendant’s vehicle.

(hereinafter “instant accident”). C.

On December 31, 2018, the Plaintiff paid KRW 2,550,000 as insurance money after deducting KRW 200,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.

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

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred when the Defendant’s vehicle attempted to go straight at a one-lane in which only the left-hand turn is possible, and the Plaintiff’s driver did not at all anticipate that the Defendant’s vehicle would go straight at the right-hand turn.

Therefore, since the accident of this case occurred by the unilateral negligence of the defendant vehicle, the defendant, the insurer of the defendant vehicle, is obligated to pay 2,550,000 won, which is the total insurance money paid by the plaintiff as the repair cost of the plaintiff vehicle, to the plaintiff, who is the insurer of the plaintiff vehicle.

B. (1) Determinations are based on the following circumstances that can be recognized by comprehensively taking into account the aforementioned evidence and the overall purport of the arguments in the facts acknowledged prior to the ratio of negligence, namely, ① a lane in which the Defendant’s vehicle has driven is the one on which only the left turn can be left, while the two-lanes in which the Plaintiff’s vehicle driven are straight and left turn.

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