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(영문) 서울중앙지방법원 2018.02.09 2017나44994
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to B rocketing Private Taxi (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into an automobile insurance contract with respect to the vehicle in bulk (hereinafter “Defendant vehicle”).

B. On September 12, 2016, the Plaintiff’s Intervenor driven the Plaintiff’s vehicle on September 17:23, 2016, and proceeded to crosssection from the direction of the car page in Seocho-gu Seoul, Seocho-gu, along the yellow eculation signal, and there was an accident of collision with the Defendant’s vehicle driving toward the right direction from the left side of the Plaintiff’s vehicle to the right side.

(hereinafter referred to as "the accident of this case". (c)

Plaintiff

On October 13, 2016, the Plaintiff paid KRW 1,660,000 to the repair cost of the Plaintiff’s vehicle on October 13, 2016.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 3 through 6, 11 through 13, Eul evidence 2, or the purport of whole pleadings

2. As to the cause of the instant accident, the Plaintiff asserts that there is no negligence since the Plaintiff’s vehicle with the preferential traffic right enters the intersection safely and immediately stops.

Based on the evidence mentioned above, it is recognized that the intersection where the Plaintiff’s vehicle entered into the left corner, after entering the intersection, the left corner of the Plaintiff’s vehicle was not seen as a road situation on the left side of the Defendant’s vehicle in the direction of the Plaintiff’s vehicle, and it was not visible to the right side of the Defendant’s vehicle in the direction of the Defendant’s vehicle.

The plaintiff's vehicle was at fault without sufficiently examining the left side of the vehicle and the right side of the defendant's vehicle, even though all of the two vehicles are entering the intersection and driving slowly, it could be predicted that there is a possibility of collision with the vehicle that proceeds from the direction of the view.

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