beta
(영문) 서울중앙지방법원 2017.06.30 2016나63837

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. In fact, the Plaintiff is a mutual aid business entity that entered into a mutual aid agreement with respect to B vehicles (hereinafter “Plaintiff vehicles”).

Plaintiff

On November 2, 2015, while the vehicle is driving ahead of 18:40, Songpa-gu, Songpa-gu, Saro-ro 25-ro and is driving ahead of the intersection, it conflicts with the defendant who was driving the intersection on the right side from the direction of the running of the plaintiff vehicle to the right side on the direction of the driving of the vehicle.

At the time of the above accident, the Plaintiff paid the mutual aid amount of KRW 3,359,540,00 to C, D, and E, who was aboard the Plaintiff’s vehicle and sustained injuries, by December 28, 2015.

At the time, the road driven by the defendant bicycle is 9.2m wide, a yellow-rayed road, and the road driven by the plaintiff is 11.4m wide (8.7m if the parking area is excluded) that is used as the parking area.

Before both roads reach the intersection, a sign of temporary suspension is installed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 2 through 4, video and the purport of the whole pleadings

2. In full view of the evidence and the purport of the entire pleadings as seen earlier, the following circumstances, i.e., ① installed a temporary stop sign at the point prior to the entry into the intersection of both parties, ② conflict with the Defendant bicycle running along the intersection immediately after the Plaintiff’s vehicle passes from the right side of the vehicle to the left side, ③ there is no evidence supporting the Defendant’s temporary stop in front of the intersection, ④ there is no apparent difference between the width of each road on which the Plaintiff’s vehicle and the Defendant’s bicycle pass (in particular, where the parking zone is included).