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(영문) 서울중앙지방법원 2015.10.23 2015나25913
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. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with the Plaintiff as to the B-owned vehicle (hereinafter “Plaintiff”), and the Defendant is the installation manager of traffic signal apparatus in front of the C-owned station in Gwangju-si, Gwangju-si (hereinafter “instant intersection”).

B. At around 12:25 on August 17, 2012, D, the spouse of A, driven the Plaintiff’s vehicle and opened the instant intersection from the room of the government general office building to the fire station, and met the front part of the F vehicle (hereinafter referred to as “victim 2”) waiting for the signal at the front part of the Plaintiff’s right-hand front part of the E vehicle, which was straighted in accordance with the breadth signal from the room of the traffic station to the breadth of the traffic station, and passed through the instant intersection (hereinafter referred to as “victim 1”), was shocked by the front part of the F vehicle (hereinafter referred to as “victim 2”), which was parked in waiting for the signal at the front part of the Plaintiff’s vehicle due to the shock.

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

At the time of the instant accident, the traffic signal appearing in the direction of the Plaintiff’s vehicle entering the instant intersection (hereinafter “signal”) was all green and red lights due to malfunctions, while the traffic signal of the first damaged vehicle was occupied by green lights, and therefore, the first damaged vehicle proceeded in accordance with its signals.

By January 31, 2013, the Plaintiff paid KRW 19,014,00 in total as the repair cost of the Plaintiff’s vehicle and the 1,2 damaged vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff asserted that the defendant committed an error by neglecting the signal apparatus of this case as a person who installed and manages the signal apparatus of this case, and the defect in installing and managing the signal apparatus of this case is attributable to the driver's negligence of the plaintiff.

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