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(영문) 대구지방법원 2017.05.25 2016나313302

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. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On May 4, 2015, around 16:00 on May 4, 2015, there was an accident where the part of the driver’s seat in front of the Defendant’s vehicle, who was directly in the front of the front of the front of the front of the front of the front of the front of the front of the front of the Defendant’s vehicle and the part of the Plaintiff’s vehicle, who was directly in the front of the front of the front of the front of the front of the front of the front of the vehicle, from the front of the racing police station,

C. The instant accident site is an intersection without a traffic signal, and the road along which the Plaintiff’s vehicle runs is a one-way road, and the road along which the Defendant’s vehicle runs is a runway without a central line. D.

On May 19, 2016, the Plaintiff paid KRW 968,000 for the repair cost to the Plaintiff’s vehicle in accordance with the said automobile insurance contract.

E. Meanwhile, the Road Traffic Act provisions relating to the instant accident are as follows.

(1) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the right of way to other motor vehicles, when other motor vehicles are already traveling through the intersection.

(2) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled, shall slowly drive the motor vehicle, if the width of the intersection is wider than that of the road on which the motor vehicle is traveling, and when any other motor vehicle intends to drive a motor vehicle into the intersection from a road with a wide width, he/she shall yield the right

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 to 2 and the purport of the whole pleadings

2. At the time of the Plaintiff’s assertion, the road on which the Plaintiff’s vehicle was running is running.

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