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(영문) 서울중앙지방법원 2019.07.11 2019나14393
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff equivalent to the amount ordered to be additionally paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff vehicle”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On August 10, 2018, the Defendant’s vehicle was going to the left at the intersection where it was located on the 8-lane Gag-dong, Pari-dong, Pari-dong, Pari-dong, Pari-dong, Pari-dong, Pari-dong, 17:05, and the left part of the left part of the Plaintiff’s vehicle, which is located on the left side of the Defendant’s vehicle

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

On August 31, 2018, the Plaintiff paid KRW 2,551,00 as insurance money after deducting KRW 200,000 from the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, video and the purport of the whole pleadings

2. Determination

(a) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled by the fault ratio shall yield the course to other motor vehicles when he/she intends to drive the intersection from the road where the width is wider (Article 26 (2) of the Road Traffic Act), the driver of any motor vehicle who intends to drive the motor vehicle simultaneously to the intersection where traffic is not controlled shall yield the course to the motor vehicle on the right side (Article 26 (3) of the Road Traffic Act), the driver of any motor vehicle who intends to drive the motor vehicle at the same time to drive the motor vehicle at the intersection where the traffic is not controlled (Article 26 (3) of the Road

(Article 26(4) of the same Act. The following circumstances, i.e., an intersection, which is a place where the instant accident occurred, is an intersection where traffic is not controlled, and the Plaintiff’s vehicle crosses the intersection by straight lines on the road with a wide width.

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