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(영문) 서울중앙지방법원 2017.11.03 2017나47535

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

Facts of recognition

The plaintiff is an insurer who has entered into an automobile insurance contract with respect to A News Posi Vehicle (hereinafter referred to as "Plaintiff vehicle"), and the defendant is the owner of B Bus (hereinafter referred to as "Defendant Vehicle").

The outline of the instant accident is as follows.

사고 일시 : 2016. 10. 24. 14:10경 사고 장소 : 서울 금천구 시흥대로 193 부근 도로 ‘ㅓ’자형 교차로 사고 경위 : 원고차량이 위 교차로의 버스중앙차로 옆 차로(2차로)에서 출발하여 좌회전하던 중 버스중앙차로(1차로)를 따라 원고차량의 후방에서 안양에서 서울방향으로 직진하던 피고차량과 충돌하는 사고가 발생하였다.

On December 8, 2016, the Plaintiff paid insurance proceeds of KRW 4,555,800 at the cost of parts and repair of the Plaintiff’s vehicle.

[Ground of recognition] 1 through 5, Eul 1 through 2, and the intersection in which traffic control is performed by signal signals, etc. in light of the legal principles and signals related to the overall purport of pleadings, all drivers trust that the signal lights should be faithfully observed, and thus, the driver of a vehicle driving under the new subparagraph is already discovered that other vehicles are already entering the intersection immediately before and after the passage of the signal signals in the direction of the proceeding with the stop signal, or immediately after the end or after the passage of the signal signals in the direction of the proceeding.

Unless there are other special circumstances that make it possible to expect the entry into the intersection by violating signal, the driver of another vehicle has no duty of care to expect the entry into the intersection by violating the signal and drive it even until the said situation.

(see, e.g., Supreme Court Decisions 93Da57520, Jun. 14, 1994; 97Da43536, Jan. 23, 1998). According to the evidence examined earlier, the following facts may be additionally acknowledged.

The plaintiff vehicle exceeds the stop line from before the signal of the intersection is changed to the left-hand signal.