beta
(영문) 서울중앙지방법원 2019.01.18 2018나46546

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the driver of D Vehicle (hereinafter “Defendant Vehicle”).

B. On November 28, 2017, around 06:00, the Plaintiff’s vehicle proceeding along the side of the two-lanes of the revolving intersection road located in Gyeyang-gu, Goyang-si, Yangyang-si, and immediately connect the right side of the Plaintiff’s vehicle to the right side of the running direction, and the Defendant’s vehicle, which immediately entered the said revolving intersection, conflict with the front side of the left side of the Plaintiff’s vehicle and the front side of the right side and side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. By December 29, 2017, the Plaintiff paid 748,660 won in total to the Defendant, including the Defendant’s payment of KRW 518,740 as medical expenses, and KRW 229,920 as repair expenses of the Defendant’s vehicle, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7 (including paper numbers), Eul evidence Nos. 2 and 3 and the purport of the whole pleadings

2. The plaintiff asserts that the accident in this case occurred by the negligence of the defendant who tried to make a temporary stop or enter the plaintiff vehicle in the intersection while entering the intersection, but the defendant argued that the driver of the plaintiff vehicle also attempted to change the lane without turning the direction, etc. to enter the intersection in the direction of the distance of the ICT since the accident occurred at the point of the accident.

3. Determination

A. The following circumstances recognized by the above facts and the evidence mentioned above, namely, ① the place where the accident of this case occurred is a two-laned intersection in the original form, and all vehicles entering the said intersection are passing along the intersection in the direction of visual opposition and passing it into the intersection in the direction of the objective direction bypassing the intersection in the direction of visual opposition, and ② the vehicle to enter the said intersection in the said intersection.