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(영문) 서울남부지방법원 2018.11.15 2018나55683
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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with B (hereinafter “Defendant”).

B. On June 27, 2016, around 18:40, an accident was caused by a shocking the front part of the driver’s seat of the Plaintiff’s vehicle and the front part of the front part of the Defendant’s vehicle running on the right side from the left side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On July 22, 2016, the Plaintiff paid KRW 561,000,000, which deducts KRW 200,000 of the Plaintiff’s automobile repair cost of KRW 761,000 for the instant accident.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1 to 5, video (including paper numbers) and the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to an unreasonable progress by Defendant vehicle without neglecting its duty of care on the front side and the left side, and the ratio of negligence on Defendant vehicle should be deemed to exceed 60%.

B. In light of the background and location of each of the instant accidents, which can be seen by the evidence as seen earlier, the instant accident caused the Plaintiff’s fault by entering the intersection in the parking lot, even if the Defendant’s vehicle entered the intersection in the parking lot and entered the intersection, it is reasonable to deem that the instant accident caused the Plaintiff’s fault as a principal cause for the Plaintiff’s driver’s fault by entering the intersection.

However, there is a negligence of neglecting the duty to drive safely by closely examining the movement of the vehicles travelling around in the intersection where the driver of the defendant vehicle does not control the traffic.

The circumstances of the accident in this case, the situation before and after the accident in this case, and each damaged part of the original and the defendant vehicle, etc. are shown in the arguments in this case.

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