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(영문) 서울남부지방법원 2015.10.15 2015나53372
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

The first instance court.

Reasons

1. Facts of recognition;

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

B. C, around 10:35 on August 18, 2013, driven the Plaintiff’s vehicle, and passed the intersection in front of Ledicar service located in 1024-gil, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, along the one-lane road from the west railroad to the full-time mountain width.

At the time, there is no signal, etc. on the front side of the Plaintiff vehicle at the time, and thus, the Plaintiff vehicle confirmed that both direction signals, etc. of the 4-lane road crossing the right and the right and the right side of the Plaintiff vehicle are red, and entered the intersection, but as the front vehicle is fixed within the intersection, the crossing is delayed and the crossing is nearly passing through the intersection, and there was an accident of collision between the front side of the Defendant vehicle running along the 4-lane green signal from the right side of the Plaintiff vehicle to the right side of the Plaintiff vehicle and the front side of the Plaintiff vehicle.

(hereinafter “instant accident”). On the other hand, the Defendant’s vehicle, prior to reaching the said intersection, confirmed that the signal of the said intersection is a straight-distance signal, and entered the said intersection.

C. By October 22, 2013, the Plaintiff paid KRW 9,319,590 as insurance money for the instant accident.

[Ground for Recognition: Facts without dispute, entries or images of Gap evidence 1 through 8 (including branch numbers), and the purport of whole pleadings]

2. The assertion and judgment

A. Although the Defendant’s vehicle seeking to pass through the Plaintiff’s argument had a duty of care to safely check the movement of the vehicle passing on the front side and the right side, it was negligent in doing so. Since the Defendant’s negligence and the negligence of the Plaintiff’s vehicle conflict with that of the Plaintiff’s vehicle, the instant accident occurred to the Plaintiff.

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