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(영문) 부산지방법원 2019.11.06 2019나52225
구상금
Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to the automobile B and D (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into an automobile insurance contract with respect to the automobile E (hereinafter “Defendant”).

B. On October 17, 2018, the Plaintiff’s vehicle driven along the Blue Blue-dong located in Busan, Daegu, Busan, on the surface of the Elue-si in Lti City. On October 14:25, 2018, the Plaintiff’s accident occurred that the front side of the Defendant’s vehicle driven on the left side of the Plaintiff’s vehicle and the front side of the Defendant’s vehicle faced with the lower side side of the Plaintiff’s vehicle after the left side of the vehicle.

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

With respect to the instant accident, the Plaintiff paid KRW 3,229,00 as insurance money on December 4, 2018.

[Reasons for Recognition] Each entry or video of Gap evidence Nos. 1 through 10, and the purport of the whole pleading

2. The assertion and judgment

A. The summary of the argument is 1) The running line at the Mati City At the intersection prior to the entry of the plaintiff into the said intersection is 4 lanes in total, and one of the two lanes is the exclusive lane for left-hand turn, and the two-lanes is the one-lane vehicle when passing through the intersection. However, the defendant's vehicle, disregarding this, and 2-lanes the side of the plaintiff's vehicle normally driven by the defendant's driver, and the accident in this case is due to the driver's negligence. 2) Since there is no difference between the defendant's vehicle in the above intersection, the vehicle driving along the intersection is required to pass through the intersection with due care. The accident in this case occurred due to the driver's failure to fulfill his duty of care, and the driver's negligence of the defendant's vehicle is more than 20% or 50% because the defendant's vehicle is prior to the plaintiff's vehicle.

B. We examine the following facts and circumstances, i.e., the instant accident, which is ① the following facts and circumstances revealed in full view of the aforementioned facts and the purport of the entire evidence duly admitted.

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