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(영문) 서울중앙지방법원 2017.09.01 2017나11185

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

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to A New Co., Ltd. Branch (hereinafter “Plaintiff”) and the Defendant is an insurer who entered into an automobile insurance contract with respect to B AWWn-Wnnd Automobiles (hereinafter “Defendant”).

B. At around 14:45 on August 23, 2016, the Plaintiff’s vehicle stopped at the above intersection in order to turn to the right, and the Plaintiff’s driver did not find the Defendant’s vehicle driving ahead as above and proceeded to cross the intersection as is without discovering the Defendant’s vehicle. At the time, the Defendant’s vehicle was going to cross the intersection from the area of the D Hospital located in the direction of the Plaintiff’s driving. (2) The Defendant’s driver stopped at the above intersection in order to turn to the left at the left. (3) The Defendant’s driver stopped the vehicle to the left at the above intersection in order to turn to the left. (4) The Plaintiff’s driver did not find the Defendant’s U.S. vehicle driving in the above direction.

The accident occurred in this case where the upper right side of the defendant vehicle and the front side of the plaintiff vehicle conflict.

3) The road driven by the Plaintiff was one-lane of the two-lane road, and the road driven by the Defendant was one-lane of the one-lane road. C. The Plaintiff paid KRW 1,067,200 on September 23, 2016 at the repair cost of the Plaintiff’s vehicle. [In the absence of any grounds, the Plaintiff paid KRW 1,067,200 on September 23, 2016, along with the video and the purport of the entire pleadings as set forth in the Evidence A, No. 1, 8, and 1

2. The following circumstances, i.e., the instant accident occurred at the intersection without signal signal, and thus, the Defendant’s driver was obligated to yield the course to the Plaintiff’s vehicle to the driver of the Defendant’s vehicle with the narrow width of the road. Furthermore, even though the overtaking is prohibited in the intersection, the Defendant’s driver is in violation of this provision.