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(영문) 서울중앙지방법원 2020.12.09 2020나38807
구상금
Text

Of the judgment of the court of first instance, KRW 2,547,220 against the Plaintiff and its related amount shall be from October 23, 2019 to December 9, 2020.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with D vehicles (hereinafter “Plaintiffs”). The Defendant is the owner and user of E vehicles (hereinafter “Defendant vehicles”).

B. On July 24, 2018, around 11:30, an accident occurred that conflicts between the front side of the driver’s seat of the Plaintiff’s vehicle driving on the three-lane road near the Songpa-gu Seoul Pungdong and the front side of the Defendant’s vehicle driving on the right side of the right side of the Defendant’s vehicle driving on the right side of the right side of the right-hand lane in the second-lane road,

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

The Plaintiff paid KRW 4,578,700,000, which deducted self-paid costs of KRW 500,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident, as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, Gap evidence Nos. 4, 5, Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Determination

A. When intending to make a right-hand at the intersection, drivers of all vehicles shall pass the right-hand side of the road in advance, and the accident site of this case is equipped with a right-hand exclusive road, so they shall not make a right-hand at the immediately preceding lane.

Nevertheless, the defendant vehicle used the right bypass at the two-lanes, which are the straight lane, and the negligence of the defendant vehicle violating the cross-section traffic method is the main cause of the accident in this case.

However, in light of the flow of vehicles driving the two lanes prior to the Defendant vehicle, the driver of the Plaintiff vehicle is negligent in failing to perform his duty of care to prevent accidents by properly manipulating the steering gear, although it was possible to expect the Defendant vehicle to make a bypass on the two-lanes.

Taking into account all the circumstances revealed in the pleadings, such as the background of the instant accident, degree of violation of the duty of care, and degree of shock and damage of each vehicle, the ratio of negligence between the Plaintiff and the Defendant vehicle.

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