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(영문) 서울중앙지방법원 2018.05.11 2017가단60049
구상금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. With respect to A and B vehicles (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each comprehensive automobile insurance contract with respect to C, a two-wheeled vehicle (hereinafter “Defendant”).

B. Around 08:30 on August 17, 2016, D driving the Plaintiff’s vehicle, and driving the Plaintiff’s vehicle near the intersection in the vicinity of the Doksannam point of the Geumcheon-gu Seoul Metropolitan Government Doksan-ro, in the remote distance of bank trees, from the surface of the Gu telephone station at the intersection where it is possible to turn to the left at the 65-lane, while it comes to the right-hand turn at the 65-lane of the Doksan-ro, it was left to the right-hand turn, and the Defendant’s front part of the Defendant’s vehicle of the E-driving, who moved to the Defendant’s vehicle by shocking the front part of the Defendant’s vehicle at the right-hand side of the Plaintiff’s car and caused the F, who was on the front side of the Plaintiff’s vehicle, died

(hereinafter referred to as the "accident of this case"). [Grounds for recognition] Gap 1, 3, and 5 respectively, and the purport of the whole pleadings.

2. The plaintiff asserted that the accident in this case occurred both the negligence of the driver D and the negligence of the driver E of the plaintiff vehicle. The plaintiff asserts that in the short section of the 60km speed near the accident site of this case, at the speed of 60km, E is fast from the speed of 45.2km to the speed of 78 km at the speed of 60km, and that it conflicts with the plaintiff's vehicle that had already been overtaken between the vehicle and the vehicle that had already entered the intersection. Thus, it is reasonable to deem the negligence of E as at least 30%. Thus, the defendant is obliged to pay the plaintiff the damages amounting to 30% of the damages amounting to 358,412,320 won and damages for delay.

In this regard, even if the defendant could not specify the speed of the defendant vehicle at the time of the accident and carried out a speed of the part, the defendant's vehicle was in progress according to the straight signal, so the plaintiff's vehicle which attempted to turn to the left shall not obstruct the progress of the vehicle coming from the opposite direction.

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