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(영문) 서울중앙지방법원 2018.11.28 2018나24386

구상금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

Basic Facts

With respect to A car (hereinafter “Plaintiff”), the Plaintiff is an insurer who has entered into an automobile insurance contract with Defendant Matz Marine Insurance Co., Ltd. (hereinafter “Co., Ltd.” in the trade name”) with respect to B car (hereinafter “Defendant 1”), the Plaintiff is an insurer who entered into an automobile insurance contract with Defendant DB car Co., Ltd. (hereinafter “Defendant 2”).

On August 8, 2017, at around 08:45, there was an accident of collision between the Plaintiff’s vehicle and his intersection, who was straight along the intersection without signal, etc. on the hemp area in Yong-Namnam-gun, and Defendant 1 and Defendant 2, who proceeded to the right side from the left side of the Plaintiff’s vehicle’s running.

(hereinafter “instant accident”). On November 14, 2017, the Plaintiff paid KRW 13,990,000 to the Plaintiff’s total loss insurance amount.

[Grounds for Recognition] The Plaintiff’s assertion by the parties to the dispute regarding the instant accident, as the Plaintiff’s vehicle entered the intersection first, is obligated to yield the course to the Plaintiff’s vehicle that entered the intersection, and the Plaintiff and the Defendants’ vehicle entered the intersection simultaneously.

Even if the defendant's fault ratio of the defendant's vehicle who failed to perform such duty is reached 30%, he/she shall yield the course to the plaintiff's vehicle entering the right-hand side, and he/she shall seek 30% payment out of the insurance proceeds of the plaintiff's disbursement to the defendants.

The defendants asserted that the defendants' vehicle entered the intersection and the width of the defendants' driving lane is wider than the plaintiff's driving lane and the plaintiff's vehicle should yield the course. Thus, the defendants' error is entirely against the plaintiff's vehicle.

Judgment

According to Article 26 of the Road Traffic Act, in a case where there is another vehicle already passing through the intersection, the other vehicle shall yield its course to the intersection without signal, etc.