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(영문) 수원지방법원 2016.10.20 2016나52262

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 entered into a comprehensive automobile insurance contract with respect to Bchip car owned by A (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to Dchip car owned by C (hereinafter “Defendant vehicle”).

B. On August 5, 2015, at around 18:15, when driving the Plaintiff’s vehicle, and driving the Plaintiff’s vehicle on a private street intersection with no signal signal, etc. near the 31-ropat in Ansan-gu, Ansan-gu, Ansan-si, the area of the lower part of the front part of the Plaintiff’s left-hand part of the Defendant’s front-hand part of the Plaintiff’s vehicle, who was directly left-hand from the front left-hand side of the horse at the time when he was straighted as a forest seafarer’s room on the surface of the Defendant’s vehicle, and turned down the front part of the Plaintiff

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

On August 21, 2015, the Plaintiff paid KRW 5,024,90 as insurance money for the repair cost of Plaintiff’s vehicle.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 7, 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 through 3, and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The gist of the Plaintiff’s assertion 1) The instant accident is as follows: (a) as the width of the road was wide, and the Plaintiff’s vehicle with preferential traffic right was entering the private-distance intersection with no signal signal, the Plaintiff’s vehicle’s driver, is required to enter the intersection by checking safety by checking the right and the right and the right while driving at the speed of the Defendant vehicle, while driving at the speed. Moreover, even if the Plaintiff’s driver was negligent in doing so while entering the intersection with the duty of care to prevent the instant accident from spreading, the Defendant is obliged to pay the Plaintiff the indemnity amount of KRW 5,024,90 and delay damages therefrom. (b) The instant accident of the Defendant’s assertion is first entering the intersection where the Defendant’s vehicle did not have a signal signal, etc.