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(영문) 서울남부지방법원 2020.06.25 2019나64677
구상금
Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is an insurer that entered into an automobile insurance contract with C Vehicle (hereinafter “Plaintiff”).

B. On August 19, 2017, around 08:45, the Defendant conflict with the front part of the Plaintiff’s vehicle right side of the right side of the instant vehicle, which was bypassed from the lower part of the lower part of the lower part of the bicycle on the left side of the bicycle while the Defendant was passing the crosswalk by delivering the bicycle to the shooting distance protection area of the Navy center near Yeongdeungpo-gu Seoul, Yeongdeungpo-gu.

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

On October 26, 2017, the Plaintiff paid insurance proceeds of KRW 1,918,00,000, after deducting KRW 479,000 from the cost of repairing the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's statements, 2, 4, 5, 6, 7, 9, 10, Eul's evidence 1-2, Eul's evidence 4-1 through 8, and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the instant accident was caused by the Defendant’s total negligence, since the Defendant continued to proceed without putting a bicycle, even though the Plaintiff’s vehicle had entered the place near the instant accident while bypassing it.

The defendant asserts that at the time of the accident of this case, the defendant's bicycle entered the crosswalk first, and the plaintiff's vehicle moved at a rapid speed without temporarily stopping in front of the crosswalk, so at least 80% of the plaintiff's vehicle's negligence should be recognized.

B. (1) When pedestrians (including a bicycle rider who get off a bicycle and walk the bicycle pursuant to Article 13-2(6)) pass along the crosswalk, the driver of any motor vehicle or tram shall temporarily stop in front of the crosswalk (if the stoppage line is marked on the crosswalk, referring to the stoppage line) so as not to obstruct or endanger the passage of the pedestrian.

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