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(영문) 서울중앙지방법원 2019.05.29 2018가단5217595

구상금

Text

1. The Defendant’s KRW 18,780,00 for the Plaintiff and 5% per annum from September 4, 2018 to May 29, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to D passenger vehicles (hereinafter “Plaintiff vehicle”). The Defendant is the owner of the E bus vehicle (hereinafter “Defendant vehicle”) and the user of the Defendant vehicle.

B. On August 12, 2018, around 10:25, the Defendant’s vehicle was driving ahead of the two-lanes of the two-lanes of the two-lanes of the two-lanes in the intersection ( “in the shape of “” and no signal, etc.) around the Pacific city. However, while the Plaintiff’s vehicle entering the right side of the Defendant’s vehicle, there was an accident in which the front part of the Defendant’s vehicle and the front part of the Plaintiff’s vehicle conflict.

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

On September 3, 2018, the Plaintiff paid KRW 37,560,000 to the repair cost of the Plaintiff’s vehicle due to the instant accident as insurance proceeds (the disposal of total damages).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) confirmed and suspended the Defendant’s vehicle driving on the right side on the left side before entering the intersection, and the Plaintiff’s vehicle stopped and caused the instant accident. Therefore, the instant accident occurred due to the Plaintiff’s negligence on the part of the Defendant’s driver, and thus, the Defendant is obligated to pay the Plaintiff the insurance money of KRW 37,560,00 and the damages for delay thereof paid by the Plaintiff in accordance with the insurer’s subrogation doctrine. (ii) The instant accident has priority on the Defendant’s vehicle, which was located directly on the road crossing at the intersection where the width of the intersection is wider than the traffic control, and thus, the Plaintiff’s vehicle, as the Plaintiff’s vehicle, should enter the road by seeking safety after temporarily suspending the vehicle at the right side and right side, is caused by negligence.