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(영문) 서울중앙지방법원 2019.03.29 2018나63442
구상금
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with D vehicles (hereinafter “Plaintiffs”). The Plaintiff’s assistant is the insurer who entered into an automobile insurance contract with the Plaintiff’s driver and the Defendant’s vehicle E (hereinafter “Defendant”).

B. Around 7:20 on December 12, 2017, the Plaintiff’s vehicle stops on the one-lane stop line of the four-lane road in the remote distance in Songpa-gu, Songpa-gu, Seoul, the left left-hand, and entered the two-lanes on the left-hand side of the third-lane road along the intersection. On the other hand, the Defendant’s vehicle having the right-hand side of the red signal entered the third-lane road along the stop line into the third-lane road to pass the front vehicle immediately from the third-lane road to the front part of the Defendant’s driver’s seat.

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

The instant accident occurred in KRW 629,000 for the repair cost of the Plaintiff’s vehicle. On January 3, 2018, the Plaintiff paid KRW 504,000 (=629,000 - 125,000) calculated by deducting the Plaintiff’s self-charges 125,000 for the Plaintiff’s Intervenor.

On May 14, 2018, the Plaintiff filed an application with the F Committee (hereinafter referred to as the “F Committee”) for deliberation and resolution on the ratio of negligence, and the F Committee decided the ratio of liability between the Plaintiff’s vehicle and the Defendant’s vehicle to 20% in consideration of the fact that the Plaintiff’s vehicle enters a two-lane, not a one-lane but a two-lane, while making a left-hand turn according to the new name.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, and the purport of the whole pleadings

2. Determination

A. (1) The plaintiff's assertion (1) the plaintiff's vehicle entered the second left line on the left-hand side of the road due to normal driving in accordance with the new line, and the defendant's vehicle passes more than three lanes to overtake the preceding vehicle while by right-hand at the intersection, and enters the latter part of the plaintiff's vehicle.

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