logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.09.29 2017나54011
구상금
Text

1. Of the judgment of the first instance, KRW 115,890 against the Plaintiff and the Plaintiff’s objection thereto from August 4, 2016 to September 29, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to B individual taxi vehicles owned by A (hereinafter “Plaintiff vehicle”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to C vehicle (hereinafter “Defendant vehicle”).

B. On June 10, 2016, around 23:45, around 2016, the Plaintiff’s vehicle was driven by the Plaintiff, and the school distance of Yangdong-dong, Seo-gu, Seo-gu, Gwangju was proceeding from the boundary of the Yangdong-dong market to the mountain slope. On the left side of the Plaintiff’s vehicle, the collisioned the front part of the Defendant’s vehicle, which is proceeding from the port of Yang Dong-dong-dong, with the front part

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

At the time of the accident, a red flickering signal was installed in front of the driving direction of the Plaintiff’s vehicle, and a yellow flickering signal was installed in front of the Defendant’s driving direction.

After the instant accident, the Plaintiff paid KRW 579,450 in total to the passengers on board the Plaintiff’s vehicle for medical expenses, etc.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident is an accident caused by the negligence of the Defendant’s vehicle running along the intersection without verifying the fault and safety of the Plaintiff’s vehicle. As such, the Defendant is obligated to pay the Plaintiff the amount of KRW 231,780 (=50 579,450 x 40%) corresponding to the percentage of the Defendant’s vehicle’s fault among the said KRW 579,450 (=57 x 40%) and delay damages.

B. The instant accident occurred due to the overall negligence of the Plaintiff’s vehicle that proceeds from an intersection from a red on-and-off line, and thus, the Plaintiff cannot respond to the Plaintiff’s request.

3. The place where the instant accident occurred is being operated only by the red on-and-off signal and yellow on-and-off signal at the time, so traffic control is being performed by the signal.

arrow