beta
(영문) 서울중앙지방법원 2019.07.25 2018나79621 (1)

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. Basic facts

A. The circumstances surrounding the instant accident are as follows.

At the time of the accident, the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s insured vehicle”) CD on July 25, 2018 at the time of the accident (hereinafter “Plaintiff’s insured vehicle”) and the Defendant’s insured vehicle (hereinafter “Defendant’s vehicle”) (hereinafter “Defendant’s vehicle”) had been straighted in two-lanes of the above intersections according to the progress signal. However, the Defendant’s vehicle entered the above intersection bypassing it to the above intersection, while having entered the said intersection, and having paid KRW 825,200 (self-motor vehicle damage) with the front part of the left side of the Defendant’s vehicle and the back part of the Plaintiff’s right side.

B. The judgment of the first instance court judged the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 40:60, and calculated the Plaintiff’s amount of reimbursement as 495,120 won.

[Ground of recognition] The descriptions and images of Gap evidence 1, 2, 4, Eul evidence 3

2. The assertion and judgment

A. The plaintiff asserts that the accident of this case occurred by the whole negligence of the defendant vehicle that prevents the progress of the plaintiff vehicle with the right of priority in traffic since the accident of this case was in progress according to the proceeding signal.

In this regard, the defendant asserts that since the accident of this case occurred concurrently due to the negligence of violating the duty of safe driving of the plaintiff vehicle, etc., the judgment of the court of first instance is reasonable for 40% of the negligence ratio of the plaintiff vehicle.

B. According to the video of Gap evidence Nos. 2 and Eul evidence Nos. 3, the plaintiff's vehicle entered the above intersection in accordance with green transmission, and changed to yellow signal while driving the two-lane of the intersection of this case. The defendant's vehicle entered the intersection of this case and not interfere with the progress of the plaintiff's vehicle with the priority of traffic because it was legally straight as above, but entered the intersection of this case. The accident of this case occurred while entering the two-lane of the above intersection. The plaintiff's vehicle also enters the vehicle of this case as above.