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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.
Reasons
1. The Plaintiff is an insurer who has concluded an automobile insurance contract with A (hereinafter “Plaintiff”) and the Defendant is the insurer who has concluded the automobile insurance contract with B (hereinafter “Defendant”).
Plaintiff
차량은 2016. 7. 5. 10:30 서울 노원구 월계동 월계소방서 앞 “ㅏ"자형 삼거리 교차로의 편도 3차로 중 3차로를 진행하던 중, 위 3차로의 우측에 연결된 편도 1차로의 차로에서 우회전을 하며 위 3차로에 진입하던 피고 차량의 좌측 앞범퍼 부분과 원고 차량의 우측 측면 부분이 충돌하였다.
On July 25, 2016, the Plaintiff paid KRW 4,540,400 as insurance money at the repair cost of the Plaintiff’s vehicle due to the foregoing accident.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers in case of additional number), Eul evidence Nos. 1 through 3, and the purport of the whole pleadings
2. The Plaintiff’s driver, who passed the intersection in accordance with the straight line between the main point of the Plaintiff’s assertion, could have anticipated the Defendant’s vehicle to stop from the stop on the stop line and enter the intersection, thereby preventing the occurrence of the accident in advance. As such, the negligence of the Defendant’s vehicle in relation to the instant accident is about 90%, and thus, the Defendant’s reimbursement of KRW 4,086,360 (i.e., KRW 4,540,40 x 90%) is sought from the Defendant.
3. The driver of a vehicle who intends to make a right-hand side at the intersection of relevant legal principles shall drive slowly and stop the right-hand side according to the situation of another vehicle in front of course at the time of entering the intersection, and shall not enter the intersection where there is a possibility of interference with other vehicles;
Even if the bus exclusive lanes are occupied, it shall be governed by the proviso of Article 15 (3) of the Enforcement Decree of the Road Traffic Act, Article 10 of the Enforcement Decree of the Road Traffic Act, and Article 10 of the Enforcement Decree of the Road Traffic Act (including the cases applied mutatis mutandis in Article 61 (2) of the Act).