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(영문) 서울남부지방법원 2019.09.26 2019나52018
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), and the Defendant is a mutual aid operator who has entered into an automobile mutual aid contract with respect to the automobile D (hereinafter “Defendant”).

B. On August 25, 2018, the Plaintiff’s driver of the vehicle conflict with the Defendant’s vehicle that entered the right access road to the right side while entering the F University located in Seojin-gu, Seojin-gu, Seoul Special Metropolitan City on August 25, 2018.

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

On August 30, 2018, the Plaintiff paid KRW 2,141,000 (excluding self-charges 200,000) for the repair cost of the Plaintiff’s vehicle as insurance money.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of the claim has the preferential right of passage for the vehicles already entering the intersection and driving along the intersection in accordance with Articles 25(6) and 26(1) of the Road Traffic Act, and the obligation to yield the right of way so as not to obstruct the passage of the vehicle in transit when entering the intersection.

According to the evidence examined above, it is reasonable to view that the accident of this case was caused by the negligence of Defendant 1, who violated the concession obligation on the intersection, because it was found that Plaintiff 1 clearly entered the intersection and returned to the intersection, and that Defendant 1 did not properly take into account the movement of vehicle in the intersection, such as temporary stop before entering the intersection.

Therefore, the Defendant is obligated to pay to the Plaintiff 2,141,00 won with 5% interest per annum as stipulated under the Civil Act from August 31, 2018 to October 2, 2018, and 15% interest per annum as stipulated under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Conclusion, the plaintiff's claim of this case.

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