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(영문) 서울중앙지방법원 2016.12.15 2016나13399
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

purport.

Reasons

1. Basic facts

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

B. On March 27, 2015, at around 18:30, the Plaintiff’s vehicle driven one-lane of the two-lanes in the Gu-U.S., Seo-dong, Seo-dong, Seo-gu, Gyeonggi-do, and the left-hand turn to enter the entrance of the left-hand gate at a T-type Intersection without signal, etc., and the Defendant’s vehicle, at the time when the Defendant, who was in the afterma, was overtaken the Plaintiff’s vehicle beyond the center line, conflicts with the Plaintiff’s vehicle in the course of

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

On April 16, 2015, the Plaintiff paid KRW 13,580,000 insurance money at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 3 and the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. The plaintiff's assertion that the accident in this case occurred when the defendant vehicle, who followed the accident, attempted to turn to the left, and thus, the accident by the defendant vehicle's fault is the accident by the defendant vehicle's fault. The defendant asserted that the accident in this case is an accident by the defendant vehicle's fault, and the defendant tried to turn to the left by the plaintiff vehicle without using direction direction direction, while temporarily stopping the vehicle before entering the intersection and not sufficiently examining the situation of other vehicles.

B. According to the overall purport of the evidence and arguments mentioned above, the instant accident was caused by the principal mistake of the Defendant vehicle driving ahead of the median line to overtake the front vehicle, without neglecting the right-hand turn at the T-W-type intersection where there is a possibility of left-hand turn of the front vehicle, and without securing the safety distance with the front vehicle.

However, even the plaintiff's vehicle has the speed of temporary stop line and speed prevention.

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