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(영문) 서울중앙지방법원 2018.03.15 2017나78942

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to A vehicles (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to B buses (hereinafter “Defendant vehicles”).

B. At around 08:40 on February 10, 2017, the Defendant’s vehicle, who was straight along the two-lane course signal from among the two-lanes of the private-distance intersection in front of the Do Office of Culture-dong, Cheongju-si, the front side of the Plaintiff’s vehicle, which entered the said two-lane by right-hand, conflict with the front side of the right-hand side of the Defendant vehicle.

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

On February 21, 2017, the Plaintiff paid KRW 1,716,00 as the repair cost of the Plaintiff’s vehicle due to the instant accident, and KRW 2,916,90 as the insurance money to the passenger passenger C, who was the passenger passenger of the Defendant from February 20, 2017 to March 20, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1 to 3, or the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that the failure to yield the Plaintiff’s vehicle and the failure to drive the Plaintiff’s vehicle to cross-section due to an accident in contact with the lower side of the left side of the Plaintiff’s vehicle, which led to the Plaintiff’s completion of the bypassing of the right line, are 40% of the fault ratio of the Defendant’s vehicle. The Defendant asserted that the instant accident was caused by the total fault or gross negligence of the Plaintiff’s vehicle entering the intersection by disregarding the green signal of the pedestrian crosswalk before entering the intersection, the direction-setting red signal of the Plaintiff’s vehicle before entering the intersection, and the instant accident was not carried out after checking whether there was a bypassing of the direction, etc., and that the instant accident was caused by the entire fault or most negligence of the Plaintiff’s vehicle

B. According to the above-mentioned facts of determination and the evidence as seen earlier, the instant accident ought to be done bypassing through the intersection.