logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.08 2018나33298
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is a mutual aid business entity who entered into a mutual aid agreement with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On September 5, 2017, at around 14:38, the Plaintiff’s vehicle was moving back from Hosungng-gu, Jinjin-gu, Seoul, to the front Dokdong-gu, to the front Dokdong-gu, and the Defendant’s vehicle was making a left-hand turn from the front Dok-gu to the front Dok-si. The Defendant’s vehicle fell into the front Dok-gu unit with the left-hand side of the Plaintiff’s vehicle and the left-hand side of the left-hand side of the Defendant’s vehicle.

(hereinafter “instant accident”).

C. On September 29, 2017, the Plaintiff paid KRW 1,962,00 as insurance money for the repair cost of Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 2, 7's statements, Gap evidence 1, 3 through 5's evidences, Eul's images and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s Plaintiff’s vehicle driver had the duty to safely drive and provide career guidance, such as stopping and waiting after even a vehicle is placed on the right lane so that the Defendant’s vehicle can turn to the left, but the instant accident occurred due to the negligence of wrong operation of the steering gear while the Defendant’s driver was driving the left, and thus, the Plaintiff’s driver did not fault with the Plaintiff’s driver in relation to the instant accident.

B. The Defendant’s vehicle driver is also at fault on the center of the road, and the negligence ratio is at least 30%.

C. The following circumstances are revealed by integrating the above facts of recognition, the evidence mentioned above, and the statement No. 4 in the evidence No. 4, namely, the point where the instant accident occurred is a remote distance from one lane in which no signal, etc. exists, and the Plaintiff’s vehicle does not turn back to the right side by adding it even to the right side.

arrow