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(영문) 서울중앙지방법원 2016.08.25 2016나3118

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

purport.

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to B (hereinafter “Defendant vehicle”).

B. On March 26, 2015, at around 07:35, C driven the Plaintiff’s vehicle and left part of the Plaintiff’s vehicle, which was immediately left part of the Defendant’s left part of the Plaintiff’s vehicle, when C was under the direction of the e-mail-distance intersection where there is no signal, etc. near the latter part of the E-mail located in Seosan City D, and came to the room of the e-mail-side office from the e-mail of the front side of the e-mail in the direction of the course.

(hereinafter “instant accident”). C.

By April 20, 2015, the Plaintiff paid insurance proceeds of KRW 4,373,400, totaling KRW 1,700,000 for the Plaintiff’s vehicle driver C and KRW 2,673,400 for the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Each entry or video of Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2, 4, and 5 (including each number), and the purport of the whole pleadings

2. Determination

A. The accident of this case is a contact between the vehicles in different directions at the intersection without signal, etc., and the accident of this case is an accident of contact between the vehicles where traffic is not controlled, and there is a duty of care in driving to pass the intersection by passing through the intersection by ascertaining the situation of traffic by checking the front and rear side and the left side, and considering the circumstances of the accident of this case, which can be known from the entire purport of the evidence and arguments mentioned above, it appears that the accident of this case is caused by the collision between the plaintiff's vehicle and the defendant's vehicle, who neglected the duty of care in front and rear side and the safety driving at the intersection without signal, etc., but the defendant's vehicle is on the right side based on the direction of the plaintiff's vehicle operation.