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(영문) 서울중앙지방법원 2015.10.16 2014나67392

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.The following facts may be found either in dispute between the parties or in combination with the purpose of the entire pleadings on the statements or images set forth in Gap evidence 1 to 4, Eul evidence 2, 4, and 5:

With respect to A vehicle (hereinafter referred to as the “Plaintiff”), the Defendant is the insurer who has concluded each comprehensive automobile insurance contract with B (hereinafter referred to as the “Defendant vehicle”).

B. Around 12:15 on April 30, 2013, the driver of the Defendant’s vehicle, driving the Defendant’s vehicle, and entering the Cheongbuk-gun Samsung-gun Intersection (hereinafter “instant intersection”) to the right-hand turn from the luminous area to the Hatex Corporation, the front part of the Plaintiff’s vehicle entering the instant intersection was shocked by the front part of the Defendant vehicle, while the driver turned to the right-hand turn from the luminous area to the Hatex Corporation.

(hereinafter referred to as the “instant accident”). C.

By November 13, 2013, the Plaintiff paid 11,748,000 won to the repair company, etc. with the repair cost of the Plaintiff’s vehicle.

2. The parties' assertion

A. The accident of this case occurred due to the unilateral negligence of the driver of the defendant vehicle who infringed the central line by making a left turn at the intersection of this case, and thus, the plaintiff has the right to claim the full amount of the insurance money paid by the plaintiff against the defendant, the insurer of the defendant vehicle

B. The Defendant’s intersection is an intersection without traffic control, and so long as the Defendant’s vehicle first entered the instant intersection than the Plaintiff’s vehicle, the Defendant’s preferential right of passage was recognized, and the Defendant’s household vehicle entered the said intersection at the same time as the Plaintiff’s vehicle.

Even if the defendant's vehicle enters the right side of the plaintiff's vehicle, the plaintiff's vehicle should yield the course to the defendant's vehicle. The plaintiff's driver violated the above concession obligation, and the plaintiff's temporary suspension obligation was also violated in the intersection where traffic is not controlled.

In addition, the driver of the plaintiff vehicle.