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(영문) 서울남부지방법원 2018.07.26 2018나50244

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 concluded each automobile insurance contract with respect to B trucking vehicles (hereinafter “Defendant vehicle”).

B. On March 7, 2017, around 12:05, a traffic accident occurred between the Plaintiff’s vehicle and the Defendant’s vehicle that was going to turn to the left, such as the three-distance Intersection located in the high speed of the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, and the degree of the attached accident.

At the time, the signal was in a state where yellow lights were on-and-off both directions.

C. From April 17, 2017 to August 22, 2017, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 16,884,700 in total with the medical expenses and damages incurred by C and D boarding the Plaintiff at the time of the occurrence of the said traffic accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 7, Eul evidence No. 1 and the purport of the whole pleadings

2. The driver of any motor vehicle who intends to make a left-hand turn at the determined intersection shall yield the right of way to other motor vehicles, if any;

In this case, as seen earlier, the Plaintiff’s vehicle was attempting to turn to the left at the intersection of the third distance, and the Defendant’s vehicle was entering the intersection by a straight distance, and thus, the Plaintiff’s driver caused a traffic accident by making a left turn to the left without neglecting such obligation even though he should have given the right of way to the Defendant’s vehicle.

The negligence of the plaintiff vehicle is the main cause of the above traffic accident.

On the other hand, as seen earlier, traffic signals at the time of the occurrence of the above traffic accident were on and off-off at both directions, and thus, the driver of the Defendant vehicle also bears the duty of safe driving to enter the intersection with a thorough view of the front side while driving the Defendant vehicle closely, but the occurrence of the traffic accident is limited to the occurrence of the said traffic accident by entering the tri-distance intersection without neglecting such duty.