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(영문) 서울중앙지방법원 2020.12.18 2020나33611
구상금
Text

1. Of the judgment of the first instance, the Plaintiff’s KRW 783,900 against the Defendant and its related thereto from November 2, 2019 to December 18, 2020.

Reasons

1. Facts of recognition;

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

B. Around 17:01 on October 16, 2019, the Plaintiff’s vehicle was seeking to temporarily stop on the fourth lane near the intersection in front of the Gangnam-gu Seoul E-building, and there was an accident where the Defendant’s vehicle, which was going on the third lane behind the Plaintiff’s vehicle, attempted to enter the right side of the Plaintiff’s vehicle into the right side of the right side of the vehicle, and the part in front of the left side of the Plaintiff’s vehicle conflict (hereinafter “instant accident”).

C. On November 1, 2019, the Plaintiff paid KRW 1,254,00,000, excluding KRW 313,000,00 for self-paid expenses with the repair cost of the Plaintiff’s vehicle, etc.

[Ground of Recognition: Facts without dispute, Gap 1 through 12 evidence, Eul 1 through 3 evidence (including each number for a case with a serial number), the purport of the whole pleadings and arguments]

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the negligence of the Defendant’s vehicle, while the Plaintiff’s vehicle stopped at a four-lane to drive along the intersection, and attempted to depart from it. The Defendant’s vehicle proceeding three-lanes after the Plaintiff’s vehicle used to drive the Plaintiff’s vehicle to the right-hand side by blocking the front side of the Plaintiff’s vehicle and driving it to a right-hand side.

B. The Defendant’s assertion that the instant accident occurred due to the negligence of one of the Plaintiff vehicles departing from the intersections where parking or stopping is prohibited, without looking around the surrounding areas.

C. Determination 1) When the driver of any motor vehicle intends to make a right-hand at the intersection, the driver of any motor vehicle must proceed along the right-hand side of the road in advance (Article 25(1) of the Road Traffic Act). However, the following circumstances, i.e., the Plaintiff’s vehicle, which are acknowledged in addition to the evidence and the entire purport of the pleadings

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