logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.09.11 2020나52564
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), respectively, with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On January 22, 2019, around 14:15, the collision occurred between the front part of the Plaintiff vehicle in front of the right side of the Plaintiff vehicle and the front part of the Defendant vehicle that left left left on the right side of the Plaintiff vehicle in the Namyang-si, Chungcheongnam-si, Seoyang-gu, Seoul, and the front part of the Plaintiff vehicle.

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

On February 14, 2019, the Plaintiff paid the amount calculated by deducting KRW 496,00 of the self-paid amount of KRW 1,984,500 as the repair cost of the Plaintiff’s vehicle.

On May 13, 2019, the committee for deliberation on car insurance disputes decided the ratio of negligence to 20% of the Plaintiff’s vehicle and 80% of the Defendant’s vehicle with respect to the instant accident.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 3 through 7, Eul evidence 1 to 7 (including paper numbers) and the purpose of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s instant accident was caused by the Defendant’s unilateral negligence in breach of the duty of front-way and safe driving without yielding the course to the Plaintiff’s vehicle that entered the intersection where no signal apparatus exists, and thus, the Defendant is obligated to pay the Plaintiff the amount stated in the purport of the claim with the indemnity.

(2) The instant accident occurred not only by the negligence of the Defendant vehicle, but also by the negligence of the Plaintiff vehicle that violated the duty of front-way watch and the duty of safe driving within the intersection without signal apparatus, and the fault ratio of the Plaintiff vehicle shall be deemed to be more than 20%.

B. (1) The following circumstances revealed by the facts acknowledged earlier and the evidence revealed earlier, namely, ① the Plaintiff’s vehicle temporarily stops at the instant intersection and appears to have entered the intersection prior to the Defendant’s vehicle, and ② the Defendant’s vehicle temporarily stops prior to the instant intersection.

arrow