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(영문) 서울중앙지방법원 2020.07.16 2019나74685
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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. Around 14:30 on August 10, 2019, the Plaintiff’s vehicle started from the two-lane (the two-lanes at the time of moving along each other) in front of the intersection of the new-dong-dong, Daegu-gu, Daegu-dong (hereinafter referred to as “Seoul-dong”) and left left. However, the Defendant’s vehicle, who started from the one-lane (the one-lanes at the left side) behind the left side of the vehicle and proceeded close to the Plaintiff’s vehicle and proceeded to the left side of the Plaintiff’s vehicle

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

On August 26, 2019, the Plaintiff paid KRW 2,709,220,00, after deducting KRW 200,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground for Recognition: Facts without dispute, Gap's 1 through 2, 4 through 8, Eul's 1 and 2, or the purport of whole pleadings]

2. Determination:

A. According to the above facts, the accident in this case occurred while the plaintiff's vehicle and the defendant's vehicle turn to the left at the intersection where two left turn are installed. The main cause of the accident is that the defendant's vehicle's left turn at the left side of the plaintiff's vehicle does not properly operate the steering system and the steering gear, and thus, the plaintiff's vehicle also contributed to the accident by making it too close to the plaintiff's vehicle because it did not turn to the left at the outside side of the vehicle.

Considering the circumstances of the instant accident, road structure and situation at the place where the accident occurred, etc., it is reasonable to 15% of the negligence of the Plaintiff vehicle and 85% of the negligence of the Defendant vehicle.

B. Therefore, the Defendant paid the insurance money in accordance with the instant accident to the Plaintiff as indemnity amounting to KRW 2,272,837 (=(2,709,220 won as self-paid amounting to KRW 200,000) x 85%.

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