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(영문) 서울중앙지방법원 2018.05.31 2018나6326
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. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On June 8, 2017, around 10:48, the Plaintiff’s vehicle: (a) had a three-distance intersection in Ansan-si C located in Ansan-dong-si, the Defendant’s vehicle, who was directly engaged in the transfer of the Plaintiff’s vehicle from the sular parking lot located on the right side of the running direction to the transfer of the Plaintiff’s vehicle, was shocked on the upper part of the front part.

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

From July 7, 2017 to August 23, 2017, the Plaintiff paid a total of KRW 5,731,600 as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5 through 7, Eul evidence 1 and 2, or the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident was a part of the Plaintiff’s vehicle entering the normal intersection by accelerating the yellow signal with on-and-off speed. At the time, the Defendant’s vehicle entered the parking lot where the red signal was used to stop almost after the passage of the Plaintiff vehicle, and the Plaintiff’s vehicle continued to cross-section in accordance with the trust and the order of traffic priority. The instant accident was caused by the Defendant’s vehicle’s own speed, which led to the instant accident, and the Plaintiff’s driver could not have anticipated it. (ii) The instant accident was caused by the Defendant’s total negligence. The Defendant’s accident was caused by the Plaintiff’s negligence, at least 40%, due to the Plaintiff’s vehicle’s failure to perform the duty of traffic and the duty of safety driving in the process of entering the road, at least later than the Defendant’s vehicle and at least later than the Defendant’s vehicle.

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