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(영문) 서울중앙지방법원 2016.03.17 2015나30205
구상금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 9,500,000 won to the intervenor succeeding to the plaintiff and its corresponding amount.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the car on the B deemed-type B car owned by the Plaintiff (hereinafter “Plaintiff”). The Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to the D News Services (hereinafter “Defendant”) owned by C, and the Plaintiff’s succeeding intervenor succeeded to the rights and obligations under the automobile insurance contract with respect to the Plaintiff’s automobile when the Plaintiff took over the entire business from the Plaintiff on November 30, 2015.

B. At around 11:00 on July 7, 2014, C driven a vehicle on the part of the Defendant at the vicinity of the entrance of the Aju apartment and the Cju apartment located in Seocheon-si, Seocheon-si, and driven a one-lane road from the surface of the Trist high school to the side of the Trist high school, and entered the said intersection by making a non-protective left-hand turn in the direction of the C apartment at the direction of the front apartment at the right-hand signal at the right-hand signal at the right-hand signal, but the opposite direction was stopped from one-lane road to the front side of the Plaintiff, who had already entered the said intersection.

(hereinafter “instant accident”). C.

The location of the accident in this case is an access road to the third apartment on the right side, the left side, and a private-distance intersection where the access road to the second apartment is installed on the left side of the plaintiff's side (However, the access road to each apartment is not a complete sloping intersection, and the access road to each apartment is successively divided; hereinafter referred to as "the intersection in this case"), which has signal lights on each front side, and the right-hand left-hand turn is allowed in both directions.

On November 24, 2014, the Plaintiff paid KRW 9,500,000 at the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Based on recognition] The items of Gap evidence 1 to 5, Gap evidence 7, 8 (including paper numbers), Eul evidence 1 to 3, and the purport of the whole pleadings

2. Determination

A. The occurrence of the liability for damages.

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