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(영문) 서울중앙지방법원 2018.11.14 2018나27293
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 a vehicle A (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the vehicle B (hereinafter “Defendant”).

B. At around 18:40 on September 17, 2017, the Defendant’s vehicle stops along the two-lanes of the intersection at the entrance of Samsung-do 1, Samsung-do, and the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the said intersection. The Plaintiff’s vehicle proceeding on the one-lane of the said road, while proceeding on the other side of the Plaintiff’s vehicle at the said intersection, e.g., the front side of the Defendant’s vehicle, along the right side of the said intersection,

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

On October 31, 2017, the Plaintiff paid KRW 946,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 8, Eul evidence 1 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The main point of the Plaintiff’s assertion (1) is that the Defendant’s vehicle illegally stops before the instant accident occurred, and the Plaintiff’s vehicle was making a bypassing the Defendant’s vehicle, but the Defendant’s vehicle was proceeding to the intersection without complying with the duty of the front-way watch, thereby causing the instant accident. The Defendant’s responsibility for the instant accident lies entirely on the Defendant’s vehicle.

(2) The main point of the Defendant’s assertion is that the Defendant’s vehicle temporarily stops before entering the intersection, and the instant accident occurred when the Plaintiff’s vehicle makes a bypass at the first lane prohibited from a bypassing. The Defendant’s fault ratio of the Plaintiff’s vehicle in the instant accident should be reflected above 80%.

B. Based on the evidence and the purport of the entire pleadings as seen earlier, the above facts of the judgment are examined.

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