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(영문) 의정부지방법원 2019.06.20 2018나214327

구상금

Text

1. The judgment of the court of first instance is modified as follows.

The Defendant’s KRW 11,848,000 and its relation to the Plaintiff on July 4, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant”).

B. On May 17, 2018, around 05:45, the Plaintiff’s vehicle was driving along the third-lane road from among the four-lanes, in which traffic was not controlled by the FF signal, etc. located in Yongsan-gu, U.S., U.S., Seoyang-si. Around February 17, 2018, the Plaintiff’s vehicle driven along the third-lanes. However, in the course of the Defendant’s vehicle’s moving directly on the second-lane road from among the two-lanes on the left side of the running direction, the Defendant’s vehicle shocked the front-way part of the Plaintiff’s vehicle on the front side of the right side

(hereinafter “instant accident”).

C. On July 3, 2018, the Plaintiff paid insurance money equivalent to KRW 14810,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, entry of Gap 1-5, 7, and 8 (including branch numbers for those with virtual numbers; hereinafter the same shall apply), Gap 6 video, the purport of the whole pleadings

2. Determination

(a) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection in which traffic is not controlled, shall slowly drive the motor vehicle, if the width of the intersection is wider than that of the road on which the relevant motor vehicle is traveling, and if other motor vehicles are to drive the motor vehicle into the intersection from a road with a wide width, he/she shall yield the way to such other motor vehicles (Article 26 (2) of the Road Traffic Act), the driver of any motor vehicle who intends to drive a motor vehicle simultaneously into the intersection in which traffic is not controlled, shall yield the way to the right side of the motor vehicle (Article 26 (3) of the Road Traffic Act), and the driver of any motor vehicle shall slowly drive

(Article 31(1)1 of the Road Traffic Act. In light of the fact of recognition and the overall purport of the arguments as seen earlier, the road width of the Plaintiff vehicle is the direction of the progress of the Defendant vehicle.