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(영문) 서울중앙지방법원 2017.07.13 2016나80054
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. 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 October 24, 2015, around 12:00, the accident occurred following the Defendant’s vehicle’s right-hand part, which was bypassed in the direction of the same direction as the driver’s seat part of the Plaintiff’s vehicle, which was bypassing to the intersection near the Samnam-gu, Yannam-gu, Yannam-gu, the Yannam-gu, the Namnam-gu, the Busan Metropolitan City. (hereinafter “

C. On November 30, 2015, the Plaintiff paid KRW 370,000 at the repair cost of the Plaintiff’s vehicle, and then applied for deliberation on the instant accident to the committee for deliberation on the disputes over indemnity (hereinafter “Deliberation Committee”). On July 11, 2016, the Deliberation Committee decided on the rate of negligence between the Plaintiff’s vehicle and the Defendant’s vehicle 50:50.

【Fact-finding without dispute over the grounds for recognition, Gap evidence 1 through 7, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff’s assertion was that the Plaintiff’s vehicle was making a normal right-hand at the intersection, but the Defendant’s subsequent Defendant’s vehicle was passing ahead of the Plaintiff’s vehicle and forced the Plaintiff’s vehicle to immediately make a right-hand as the safety area on the left-hand side, and that the instant accident was entirely caused by the Defendant’s negligence.

The defendant asserts that the negligence of the plaintiff's vehicle in the accident of this case is more than 70%, because the plaintiff's vehicle was moving ahead of the defendant's vehicle, and the plaintiff's vehicle was going to the right side of the defendant's vehicle and tried to make a right-hand prior to entering the right side of the defendant's vehicle.

B. According to the overall purport of each evidence and oral argument as seen earlier, the point of accident in this case is the Twit-distance intersection of the e-line 1st line, and there is a safety zone in the form of a rectangular shape on the left side of the proceeding direction, and there is a road with a little width prior to the right ofpass.

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