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(영문) 대전지방법원 2018.06.22 2017나114939
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with A and B Newcom XD car (hereinafter “Plaintiff”), setting the insurance period from June 16, 2016 to June 16, 2017, with respect to which the Plaintiff entered into the automobile insurance contract. The Culture Insurance Co., Ltd. (hereinafter “Ling Policy”) is an insurer who entered into an automobile insurance contract with respect to a Round car (hereinafter “Ling Car”). The Defendant is a traffic police officer who controls traffic by hand signals, etc. at the scene of a traffic accident as seen below.

B. On July 9, 2016, the Plaintiff’s vehicle driven by the Plaintiff Company A left the left at the intersection of the traffic police station assigned with signal signals from the front coast of the relevant accident scene, such as a green signal light, etc., and the crime prevention guards who controlled traffic from the front coast of the relevant accident scene, while driving the Plaintiff’s vehicle at the front coast of the relevant police station, which controlled the signal signals from the front coast of the relevant accident scene, conflict with the D Driving Vehicle with the D Driving Motor Vehicle, which was directly driven by the intersection of the assigned intersection from the front coast of the relevant police station in accordance with the traffic signals of the traffic police station that controlled the signal signals from the front coast of the instant accident scene.

(hereinafter “instant traffic accident”). C.

On November 4, 2016, the Plaintiff paid KRW 672,000 in total with the repair cost of the Plaintiff’s vehicle due to the instant traffic accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul's each entry or video of evidence 2, the purport of whole pleadings

2. Determination as to the cause of action

A. In full view of the following facts and circumstances acknowledged prior to the Defendant’s determination as to the occurrence of responsibility, the traffic police officers, when giving a hand signal to the instant private-distance traffic vehicles, and the other vehicle’s attitude to proceed to the place where the vehicle passes through, on the hand, by giving the hand signal.

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