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(영문) 서울중앙지방법원 2018.04.10 2017나69801
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. At around 10:37 on February 21, 2017, the Plaintiff’s vehicle proceeded along one lane of the two-lane road in the direction of the two-lane road in the direction of the two-lane road in front of the width of the northwest-do, Yangsan-si, the northwest-do, and stopped along the stop signal before the front of the stop line. The Defendant’s vehicle stopped beyond the two-lane of the above two-lane road and stopped along the stop line to the left side, and 3 seconds after the shift to the right and right and right and right and right and right and right and right and right and left signal in the direction of the Plaintiff’s running of the said intersection, the Defendant’s vehicle proceeded to the direction of the Plaintiff’s vehicle toward the northwest-do, the front side of the Plaintiff’s right and shocked the front side of the left side of the Defendant vehicle into the front part of the motor vehicle.

(hereinafter “instant accident”). C.

On March 9, 2017, the Plaintiff paid insurance proceeds of KRW 2,360,000 at the cost of repairing the Plaintiff’s vehicle.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including additional numbers), Eul evidence No. 1 to the purport of the whole pleadings

2. Determination as to the cause of claim

A. The following circumstances are: (a) at the time of the instant accident, the Plaintiff’s vehicle was entering the private distance intersection by complying with the straight line according to the straight line; (b) on the other hand, the Defendant’s vehicle attempted to change the car signal while departing from the intersection where the vehicle signal was temporarily stopped near the temporary stop line, which is a place where overtaking is prohibited under Article 22(3)1 of the Road Traffic Act; and (c) the Plaintiff’s driver is stopping in accordance with the vehicle signal.

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