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(영문) 서울중앙지방법원 2019.06.28 2018나73098
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 respect to CMW car (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to DG car (hereinafter “Defendant vehicle”).

B. Around 18:00 on April 21, 2018, the Plaintiff’s vehicle conflict with the Defendant’s vehicle that had the left-hand turn to the left-hand turn from the lusence to the lusence from the lusence of the grassland to the lusence of the lusence of the lusence of the lusence of the lusence.

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

On July 2, 2018, the Plaintiff paid insurance proceeds of KRW 18,060,000 in total with the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1 to 4, 6, 7, 8, 10 evidence, Eul's 1 to 4 (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. Since the instant accident occurred as the Defendant’s vehicle, while the Defendant’s assertion was making a left-hand turn to the left, leaving the normal route and breaking the central line, the instant accident was entirely caused by the negligence of the Defendant’s driver.

B. The Defendant’s assertion that the Defendant’s vehicle left left and entered the above intersection, but the Plaintiff’s vehicle did not go on the front side and rather did not go on the right side, and the instant accident occurred on the wind, so the driver’s negligence is 40%.

3. Determination

A. The following circumstances acknowledged by the above facts and the evidence mentioned above, namely, ① the vehicle left left at the front of the non-protective Zone must turn to the left in a manner that does not interfere with the passage of the straight-on vehicle while paying attention to the vehicle directly under the direction of the opposite direction and paying attention to the vehicle in accordance with the vehicle traffic signal. The Defendant’s vehicle is driving the vehicle on the opposite line, and the accident of this case occurred while making the left turn to the left only while the vehicle is driving on the opposite line

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