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(영문) 서울남부지방법원 2019.01.24 2018나60388

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a motor vehicle insurance contract with respect to D motor vehicles (hereinafter “Defendant vehicle”). The Defendant is an insurer who has concluded each motor vehicle insurance contract with respect to D motor vehicles (hereinafter “Defendant vehicle”).

B. On July 29, 2017, at the intersection where no signal, etc. is available near the F cafeteria located in Gangseo-gu Seoul Metropolitan Government, the collision between the Plaintiff’s vehicle and the Defendant’s vehicle, as shown in the attached Form, and the shock caused the collision between the Plaintiff’s vehicle and the Defendant’s vehicle. As a consequence, the Plaintiff’s vehicle was sealed on the left-hand side, and the front part of the vehicle was charged with G vehicle (hereinafter “instant accident”).

C. From July 24, 2017 to July 28, 2017, the Plaintiff paid KRW 3,891,200, which deducts KRW 500,000 from the insurance proceeds from the instant accident.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 to 3 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred is about 70% of the negligence of the Defendant’s vehicle, since the Defendant’s vehicle entered the intersection even though the Plaintiff’s vehicle entered the front line, and the Defendant’s vehicle entered the left or left turn at the intersection where the left turn

Therefore, the defendant is obligated to pay to the plaintiff KRW 2,723,840 and delay damages for the amount of KRW 3,891,200 paid to the plaintiff as insurance money in accordance with the legal principles of subrogation of the insurer.

B. 1) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection in which traffic is not controlled by traffic, shall yield the course to other motor vehicles when other motor vehicles are already traveling into the intersection (Article 26(1) of the Road Traffic Act), and the driver of any motor vehicle who intends to drive a motor vehicle simultaneously into the intersection in which traffic is not controlled (Article 26(3) of the Road Traffic Act). In addition, the driver of any motor vehicle shall yield the course to the motor vehicle along the right side of the road (Article 31 of the Road Traffic Act).