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(영문) 서울중앙지방법원 2017.05.17 2016나80542
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for A’s passenger vehicle (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer who has entered into a mutual aid agreement for B’s truck (hereinafter “Defendant’s vehicle”).

B. While the Defendant’s vehicle was running along the fourth line of the 5th line in the direction of the new road crossing, it continued to stop along the traffic signal prior to entering the intersection near the Suwon Korea Highway Corporation (hereinafter “instant intersection”). From among the said five lines, the Defendant’s vehicle continued to run along the five lines among the said five lines, and then, following the left-hand side of the Plaintiff’s vehicle passing through the instant intersection, the part of the Defendant’s vehicle was shocked with the front front-hand part of the Defendant’s vehicle.

(hereinafter “instant accident”). C.

The Plaintiff’s vehicle was destroyed due to the instant accident, and on January 21, 2016, the Plaintiff paid KRW 1,800,000 for the repair cost for the Plaintiff’s vehicle with the insurance proceeds from the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 7, 8, Eul evidence 1 or video, the purport of the whole pleadings

2. The assertion;

A. The Plaintiff’s vehicle was normally traveling along the instant intersection according to the running lane and traffic conditions. However, the instant accident occurred as the Defendant’s vehicle intrudes on the Plaintiff’s moving bus in the course of driving towards the right side, and thus, the instant accident was entirely caused by the negligence of the Defendant’s vehicle.

B. The instant accident occurred as the Plaintiff’s vehicle invadeds the course of the Defendant’s vehicle at the instant intersection, which led to the Plaintiff’s negligence.

3. Determination

A. Comprehensively taking into account the above-mentioned facts and the evidence admitted as above, the instant accident is the traffic situation surrounding the Plaintiff’s vehicle and Defendant’s vehicle passing through the instant intersection.

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