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(영문) 서울중앙지방법원 2018.08.30 2018나28531
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

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

B. On July 24, 2017, at around 20:22, the Plaintiff’s vehicle, while making a left-hand turn on the right-hand turn from the side of the traffic side of the Plaintiff’s left-hand turn, conflicts between the Defendant’s front-hand side of the Defendant’s vehicle and the front-hand part of the Plaintiff’s right-hand side of the Plaintiff’s vehicle, left-hand turn on the side of the traffic side of the traffic side of the Plaintiff’s left-hand side.

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

On September 15, 2017, the Plaintiff paid the Plaintiff KRW 39,534,00 (excluding KRW 1,000,000 for self-paid expenses) as insurance proceeds, in total, KRW 39,259,00 on September 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 5, 6, 8, Eul evidence Nos. 1 and 2 (including branch numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s instant accident is the Plaintiff’s fault at at least 60% because the Defendant’s vehicle stopped at a high speed and failed to reduce the speed of the Defendant’s vehicle, while the Plaintiff’s vehicle entered the intersection of TWW and left left the left, and the Defendant’s vehicle stops at a high speed. Therefore, the Defendant is obliged to pay to the Plaintiff KRW 23,720,40 (=39,534,000 + 60%) and delay damages therefor. (2) The Defendant’s instant accident has priority to the Defendant’s vehicle, which is a direct entry or straight-down vehicle at the intersection, and thus, the Plaintiff’s vehicle as the Plaintiff’s vehicle ought to stop on the left-hand line and turn to the left-hand turn. However, the Plaintiff’s negligence was caused by the Plaintiff’s fault that entered the intersection only by the Plaintiff’s fault.

B. We examine the determination, together with the facts of the recognition and the purport of the entire pleadings.

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