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(영문) 서울남부지방법원 2019.01.25 2018나59692
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

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the C-A-Wurd Automobiles (hereinafter “Plaintiff-Wurd Vehicles”). The Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to D-Wurd Automobiles (hereinafter “Defendant-Wurd Vehicles”).

B. On November 9, 2017, around 13:05, an accident occurred that shocks the right side part of the Defendant’s vehicle, which had already entered the intersection, into the intersection, into the front part of the left side part of the Plaintiff’s vehicle while driving on the one-lane between the two-lanes before entering the intersection, while the Plaintiff’s vehicle was trying to enter the intersection.

(hereinafter “instant accident”). C.

On November 15, 2017, the Plaintiff paid KRW 442,000 at the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Facts without dispute, entry and video of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s assertion that the instant accident occurred when the Plaintiff’s vehicle enters the intersection, by neglecting his duty of care, while neglecting the movement of the Defendant’s vehicle driving on the front section and the left section and right section; thus, the fault ratio of the Defendant’s vehicle should be deemed to exceed 30%.

(2) An accident is caused by the unilateral negligence of the Plaintiff’s vehicle as the Plaintiff’s vehicle entered the intersection while neglecting its duty of care, even though the Defendant’s preferential right to the Defendant’s vehicle already traveling along the Defendant’s intersection.

B. The entry vehicle should yield to the vehicle that moves along the revolving vehicle, and the entry vehicle should check whether the vehicle has a revolving vehicle, stop if the vehicle has a revolving vehicle, and enter the vehicle if there is no revolving vehicle. The occurrence of the instant accident recognized by considering the descriptions and images of the certificate Nos. 1 to 5 in each of the above evidence.

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