(영문) 서울중앙지방법원 2021.03.25 2020나49524

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2021.03.25 2020나49524

구상금

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Of the judgment of the first instance, the part against the plaintiff corresponding to the amount of additional payment shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to C Motor Vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to D Motor Vehicle (hereinafter “Defendant Motor Vehicle”).

B. On September 14, 2019, around 16:30 on September 14, 2019, the Plaintiff’s vehicle was proceeding in the two-lanes between the two-lanes at the lower distance intersection located in the south-dong, Incheon Metropolitan City, and the lower portion of the distance under 724-1, and the Defendant’s vehicle was proceeding in the same road.

However, an intersection road was additionally installed one lane of a length short of the left side (hereinafter “on the left side”) to enter a ston vehicle under high level, and the road for the U.S. vehicle was a structure that reduces as the road for the U.S. vehicle is integrated into the right side road (i.e., the part for the entry was a temporary three-lane, and is returned to two-lanes). In such a case, when the intersection passes through a road, the Defendant vehicle should enter the two-lane, the right side of the U.S. vehicle for the U.S. vehicle (one-lane) and the Plaintiff vehicle should enter the two-lane, the right side of the vehicle, but the Plaintiff’s vehicle ahead of the payment, first of all, entered the intersection of the vehicle into the right side of the vehicle, and the vehicle at the right side of the Defendant (hereinafter “the vehicle at right side of the vehicle at right side”) and also entered the two-lane of the vehicle at right side.

On October 8, 2019, the Plaintiff paid 388,358 won, excluding 200,000 won to the Plaintiff’s Plaintiff’s vehicle insured as insurance money equivalent to the repair cost of the Plaintiff’s vehicle caused by the instant accident.

[Ground for Recognition: Facts without dispute, Gap evidence of Nos. 1 through 7, Eul evidence of No. 1 through 3, the purport of the whole pleadings and arguments]

2. Determination:

A. According to the above facts, the Plaintiff’s vehicle with respect to the instant accident is the intersection.

유사 판례

-서울중앙지방법원 2015.10.22 2015나5094

-서울중앙지방법원 2015.06.18 2014나35562

-춘천지방법원강릉지원 2017.12.19 2017나30900

-광주지방법원 2020.10.16 2019나65268

-서울중앙지방법원 2015.05.28 2015나10799