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(영문) 서울남부지방법원 2019.09.27 2018나68184
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. Basic facts

A. The plaintiff is an insurer who has concluded each automobile insurance contract with respect to D vehicles.

B. On October 17, 2017, the Plaintiff’s vehicle was faced with the Defendant’s vehicle while bypassing at the intersection located in the Busan Slockdong, Busan, and the Plaintiff’s right side of the vehicle and the front side of the Defendant’s vehicle conflict.

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

On October 31, 2017, the Plaintiff paid the insurance proceeds of KRW 4,109,000 (except for KRW 500,000 on its own charges) at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 to the purport of the whole video and pleading

2. Determination

A. The plaintiff asserted that the accident in this case occurred while the defendant's vehicle invadeds the central line and runs along the station. However, in full view of the evidence and the purport of the whole pleadings as seen earlier, the defendant's vehicle was proceeding to the right side of the center line, while the road that is the place where the accident in this case occurred is connected to the right side of the road in the direction of the defendant's vehicle, and the road that is the place where the accident in this case is located is connected to the intersection in the direction of the road in the direction of the defendant's vehicle's passage, and it is difficult to recognize the fact of running along the defendant's vehicle by only the descriptions or images of the evidence Nos. 1

Meanwhile, according to Article 25 (6) of the Road Traffic Act, when intending to drive a vehicle into the intersection where a safety sign indicating a temporary suspension or concession is installed without traffic control, the driver of any motor vehicle shall temporarily stop or yield it so as not to impede the passage of other motor vehicles. Since the accident site in this case is a place where no signal apparatus exists and traffic control is performed, the driver of any motor vehicle and the driver of any other motor vehicle shall temporarily stop or yield it so as not to impede the passage of

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