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(영문) 서울중앙지방법원 2020.05.01 2019나68833
구상금
Text

1. In accordance with the extension of the purport of the claim by this court, the judgment of the first instance is modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”).

B. (1) On August 9, 2016, the Plaintiff’s vehicle used a three-lane road located in the Sinsan-dong-dong-dong-dong-si, Goyang-si as an E store room from Dsung-si to the E store room, and the Plaintiff’s vehicle used to turn to the left at the front of the National Cancer Center (hereinafter “instant accident”). However, the Defendant’s vehicle, who was on the part of at the time, went to the left (hereinafter “instant accident”).

2) G, H, who was accompanied by the driver F of the Plaintiff’s vehicle, suffered injury.

C. The Plaintiff paid KRW 1,689,360 (G 620,310 KRW H1,069,050) out of the medical expenses of the Plaintiff’s driver, and the total amount of KRW 11,669,930 (G 620,310 KRW H 1,069,050), and the repair expenses of the Plaintiff’s vehicle until October 18, 2019, including KRW 88,000, as the insurance proceeds for the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including each number, hereinafter the same shall apply), Eul evidence No. 1 and the purport of the whole pleadings

2. The parties' assertion

A. When the Plaintiff’s alleged vehicle is left left by the right turn signal at the intersection, the Defendant’s driver’s right turn violates the signal signal and the Defendant’s driver’s right turn, and the Plaintiff’s liability of the instant accident is entirely attributable to the Defendant.

B. Defendant’s assertion 1) The Defendant was in a direct position in accordance with the U.S. Report, and the signal was changed to red, etc., but the instant accident occurred at the wind prior to the change to the left-hand turn before the Plaintiff’s vehicle was changed to the left-hand turn, and thus, 50% of the Plaintiff’s driver’s fault ratio should be considered. 2) The victims of the instant accident received excessive treatment, such as receiving treatment for a spaculism and receiving an excessive high amount of oriental medicine treatment, and thus, the scope of reimbursement should be considered.

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