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(영문) 서울중앙지방법원 2017.04.13 2017나5852
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 of recognition are not in dispute between the parties, or may be admitted upon the entries and images of Gap evidence A(1) to 3, taking into account the overall purport of the pleadings:

The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter referred to as “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B (hereinafter referred to as “Defendant”).

B. Around 11:00 on August 5, 2016, the Plaintiff’s vehicle driven along the intersection of the three-distance intersection of the side road located in the Yancheon-si, the upper part of the Defendant’s seat, which the Plaintiff’s vehicle attempted to enter from the right side of the running direction of the Plaintiff’s vehicle, to the road along which the Plaintiff’s vehicle runs, was shocked by the front side of the Plaintiff’s vehicle.

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

The instant accident place is an intersection where no signal light or center line is installed, and the side road along the direction of the Plaintiff’s vehicle runs in the direction of the right 4: (a) the side road along which the Defendant’s vehicle runs in the direction of the direction of the Plaintiff’s vehicle is rhydd.

In relation to the instant accident, the Plaintiff paid KRW 10,700,000 in total as the repair cost of the Plaintiff’s vehicle by October 13, 2016.

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case occurred due to the plaintiff's entry into the intersection without examining whether or not the defendant's vehicle driving on the right side, even though the plaintiff's vehicle driving on the right side was driven directly by the plaintiff's vehicle, and without decreasing the speed, and the plaintiff's vehicle's entry into the intersection was not easily visible due to miscellaneous trees and pents, etc. in light of the plaintiff's driving direction, so it was not possible for the plaintiff's vehicle to entirely predict the entry of the defendant's vehicle. Thus, the accident in this case occurred by the whole negligence of the defendant's vehicle.

On the other hand, the defendant is a home-side road and children.

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