beta
(영문) 서울중앙지방법원 2017.12.05 2017나47399

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded each automobile insurance contract with respect to the C-Motor vehicle capacity (hereinafter “Defendant”) with respect to the C-Motor vehicle capacity (hereinafter “Defendant vehicle”).

B. Around 13:10 on December 11, 2016, the Plaintiff’s vehicle proceeded along the Eunpyeong-gu Seoul Metropolitan Government D from the e-mail to the e-mail. Around December 13:10, 2016, the Defendant’s vehicle, which was proceeding from the right side of the Plaintiff’s vehicle to the left side, along a somewhat narrow one-way road with the width from the right side of the vehicle, entered the said intersection, and shocked the lower part of the lower part of the front part of the Plaintiff’s vehicle on the left side of the front part of the driver’s vehicle.

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

On December 22, 2016, the Plaintiff paid insurance proceeds of KRW 593,140 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The following circumstances revealing the occurrence of liability for damages and the ratio of liability and the purport of the entire arguments as seen earlier, namely, the intersection where the instant accident occurred, and the vehicle driver seeking to enter the said intersection could not secure the view of the traffic conditions of the intersection due to the surrounding building and the parked vehicles. The instant intersection did not have any signal, etc., and the traffic control was not performed at the time of the instant accident, and the driver of the said intersection would not temporarily pass the said intersection by checking the situation of the intersection as prescribed in Article 31(2)1 of the Road Traffic Act, as prescribed in Article 26 of the Road Traffic Act. The driver of the said intersection must safely pass the said intersection by comparing not only the driver of the Defendant vehicle, but also the driver of the said vehicle.