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(영문) 서울중앙지방법원 2021.03.18 2020나51138
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Passenger Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to D Passenger Vehicles (hereinafter “Defendant Vehicle”).

B. On November 22, 2019, in order to make a left turn to the left at the “H” intersection at the entrance of the F in Gwangju Mine-gu around 16:25, in order to make a left turn to the left turn, the Plaintiff’s vehicle caused a traffic accident that shocks the front part of the Plaintiff’s driver’s seat on the front part of the Plaintiff’s vehicle (hereinafter “the instant traffic accident”).

(c)

On December 9, 2019, the Plaintiff paid KRW 698,700, excluding KRW 200,000 to the Plaintiff’s automobile repair cost.

[Grounds for Recognition: Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 5 (including branch numbers) and the purport of the whole pleadings]

2. The parties' assertion and judgment

A. The plaintiff asserted that the traffic accident in this case occurred by negligence that the defendant's vehicle had entered the intersection in violation of the signal, and thus, it should be viewed as one party and the room of the defendant's vehicle. Accordingly, the defendant is obligated to pay 698,700 won as insurance money to the plaintiff.

On the other hand, the Defendant asserted that the instant traffic accident did not violate the duty of the Plaintiff’s front-way driver and the duty of safety driving, and that the Defendant’s vehicle did not violate the signal.

B. (1) According to the fact of recognition of the liability for damages, the instant traffic accident occurred by the negligence of the Defendant, which stops in the middle part of the main fault of the Plaintiff’s vehicle and the H “H”-type intersection while stopping in the middle part of the main fault of the Plaintiff’s vehicle shocking the Defendant’s vehicle, due to neglecting the duty of front-way and the duty of safety driving.

(c).

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