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(영문) 서울남부지방법원 2017.07.07 2017나52298
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. As to the BMW car owned by the Plaintiff (hereinafter “Plaintiff”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to CP car (hereinafter “Defendant”), respectively.

B. On October 10, 2015, around 20:45, A entered the opposite lane in accordance with the left turn signal (on the place where the left turn turn turn turn turn turn turn turn is permitted at the intersection of the Cheongdam-gu Seoul Metropolitan Government Cheongdam-dong, the part of the front part of the Plaintiff’s vehicle, which is the front part of the right side of the Plaintiff’s vehicle, was obstructed by the right side while the Defendant’s vehicle was at the right side, without entering the opposite lane.

(hereinafter referred to as the "accident of this case", and the degree of the occurrence of an accident (Evidence No. 2 of this case) is as shown in the attached Form 3.

On December 18, 2015, the Plaintiff, as an insurer A, paid KRW 7,497,000 (the amount excluding KRW 500,000) at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s vehicle is a traffic accident caused by the Defendant’s unilateral negligence, inasmuch as the Defendant’s vehicle, who seeks to make a normal U-turn at the left turn and enter the opposite lane, is seriously negligent in moving to a large radius of the three-lanes and moving to a two-lanes.

The insurer under the Commercial Act seeks to pay the amount equivalent to the cost of repair by subrogation.

(2) The instant accident is an accident caused by the Plaintiff’s fault between the Plaintiff’s vehicle and the Defendant’s vehicle’s vehicle’s fault on the right side and the front wheel part of the Defendant’s vehicle, which was driven by the Defendant’s vehicle going straight behind the right side in the U-turn area.

Without identifying the defendant's vehicle in direct presence.

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