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(영문) 서울중앙지방법원 2016.11.18 2016나10048
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

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

B. On May 10, 2015, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle at around 11:20, while driving the Plaintiff’s vehicle on May 10, 2015, and driving the Plaintiff’s vehicle from the fourth-lane of the 159 truck terminal to the left-hand turn from the front side of the 159 truck terminal at each side of both sides at the right side of the two-lanes of the Plaintiff’s vehicle, which was left-hand from the front side of the Defendant’s vehicle to the front-hand part of the Plaintiff’s vehicle.

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

On June 30, 2015, the Plaintiff paid insurance proceeds of KRW 4,997,470 to the Plaintiff’s vehicle repair cost, etc. due to the instant accident.

[Evidence] In the absence of dispute, Gap evidence Nos. 1 through 6, 8 through 10 (hereinafter referred to as "numbers") and Eul evidence Nos. 1, 2 and 4 or the purport of the whole pleadings

2. Determination

A. In full view of the facts acknowledged earlier and the evidence revealed earlier, the Plaintiff’s vehicle and the Defendant’s vehicle appear to have made a left turn to the left at the time of the instant accident, i.e., the left turn at the time of the instant accident: Provided, however, the construction was carried out by following the guiding line for left turn of the Plaintiff’s vehicle inside the intersection, which is the point where the instant accident occurred. As such, the vehicle seeking to turn to the left at the intersection is in progress by observing the movement of the vehicle to turn to the left on the opposite side and increasing the duty of due care for safe driving, and at the time of the instant accident, the Plaintiff’s vehicle attempted to turn to the left at the construction site near the intersection, but the Defendant’s vehicle attempted to turn to the left turn to the right right, which

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