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(영문) 서울중앙지방법원 2019.07.25 2018나84760

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. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is the insurer who has entered into a two-wheeled automobile insurance contract with respect to the automobile C (hereinafter “Defendant Oba”).

B. On July 24, 2018, at around 20:35, the Plaintiff’s vehicle entered the private street intersection with no neighboring signal lights, etc. (hereinafter “instant intersection”) in the Changwon-si, Changwon-si (hereinafter “instant intersection”) and was straighted from the front door of the F Elementary School to the G apartment room, there was an accident of collision between the front part of Defendant Ortoba and the left part of the Plaintiff’s vehicle and the lower part following the left part of the Plaintiff’s vehicle.

(hereinafter “instant accident”). C.

On August 2, 2018, the Plaintiff paid KRW 372,290 as the repair cost of the Plaintiff’s vehicle under the said automobile insurance contract.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 9 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident was solely caused by Defendant Oraba’s negligence by Defendant Ora, while Defendant Oraba did not yield the course to the Plaintiff’s vehicle, even though the Plaintiff’s vehicle entered the instant intersection. (2) The instant accident was caused by Defendant Oraba’s negligence, solely because the instant accident was caused by the Defendant Oraba, without thoroughly examining the Plaintiff’s vehicle’s time prior to, before, after, and after entering the instant intersection, and without properly examining, before, and after, entering the instant intersection, the Plaintiff’s vehicle did not discover Oraba and the Defendant Orababa’s negligence were concurrently caused by the Defendant Orababa’s negligence.

B. Based on the above facts and the purport of the entire arguments, the following circumstances, namely, the Plaintiff’s vehicle entered the instant intersection where no signal is given at night.