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(영문) 서울중앙지방법원 2018.11.07 2018나39838

구상금

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

Basic Facts

The Plaintiff is an insurer who has entered into an automobile insurance contract with A car (hereinafter referred to as “Plaintiff”), and the Defendant is the owner of B bus (hereinafter referred to as “Defendant vehicle”).

On September 1, 2017, around 19:00, there was a collision between the plaintiff's vehicle and the defendant's vehicle that made a right turn to the left in the direction of the securities building instead of the securities according to the new subparagraph at the private distance intersection near the Songdo-dong, Yeonsu-gu Incheon Metropolitan City, and the opposite side to the intersection of the vehicle. (hereinafter "the accident of this case").

On October 19, 2017, the Plaintiff, as the insurer of the Plaintiff’s vehicle, paid KRW 1,469,670 at the repair cost of the Plaintiff’s vehicle in accordance with the instant accident.

[Ground of recognition] The plaintiff asserted that there was no dispute, Gap evidence Nos. 1 through 3, the purport of the entire argument, and the purport of the whole argument of the parties concerned in the accident of this case, the plaintiff's assertion that the plaintiff's vehicle started to turn to the left normally pursuant to the new subparagraph and entered the intersection, and the defendant's vehicle proceeding in the opposite lane did not properly examine the right and the right and the right and the right and the right of the opposite lane,

In this regard, the defendant asserted that the defendant's vehicle was bypassing normally, but rather, the plaintiff's vehicle did not properly look at the front side and left side and left left at a large radius, and the accident of this case occurred.

Judgment

According to Article 5 (1) of the Road Traffic Act, drivers are obligated to follow the signals and directions indicated by traffic safety facilities, and according to subparagraph 2 of attached Table 2 of the Enforcement Rule of the same Act (referring to the kind of signals and signals indicated by signal apparatus) in the event there is a red light, drivers of vehicles and horses shall stop immediately before the stop line, crosswalk, and intersection: Provided, That it is possible to make a bypass without impeding the traffic of other vehicles and horses passing under the new subparagraph.

However, Gap evidence No. 1-2.