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(영문) 서울중앙지방법원 2020.11.25 2020나43014

구상금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to D vehicles (hereinafter “Plaintiffs”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to E vehicles (hereinafter “Defendant vehicles”).

B. At around 12:50 on September 11, 2018, the Defendant’s vehicle driven along the two lanes near the end of Busan Gangseo-gu Busan Metropolitan Government Fro, and was in violation of the signal signal No. 39 in the direction of signal No. 27 from the direction of the transmission distance to the direction of the signal No. 39. In this case, the Plaintiff’s vehicle was driving in order to turn to the left in the direction of the original direction from the signal No. 27. On the front side of the Plaintiff’s vehicle, the vehicle was driving in order to turn to the left at a rapid speed above the safety zone of the front vehicle in order to overtake the front vehicle stopped and stopped on an emergency, and it conflicts with the Defendant’s vehicle within the crossing.

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

On November 1, 2018, the Plaintiff paid KRW 7,650,000 (=automobile value of KRW 7,970,000, KRW 80,000, KRW 80,000, KRW 400 for the sale of remaining articles) to the Plaintiff’s total loss insurance money due to the instant accident (i.e., KRW 7,970,000).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 to 3 and the purport of the whole pleadings

2. Determination:

A. The fault ratio (1) A driver of a motor vehicle intending to pass through an intersection in compliance with the going signal changed to a stop signal or to a stop signal in violation of the signal and therefore, the driver of a motor vehicle intending to pass through the intersection in compliance with the go signal changed to the go signal from the stop line, even if he/she is in compliance with the traffic signal, shall also look at whether there is a motor vehicle already entering the intersection from the left and right side, and if there is such a motor vehicle, he/she will walk along the intersection.