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(영문) 대구지방법원 2015.05.28 2014나305420
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract for A NewM3 Motor Vehicles (hereinafter “Plaintiff”), and the Defendant is an insurer who has entered into an automobile insurance contract for B lowest motor vehicles (hereinafter “Defendant vehicle”).

B. On October 3, 2013, around 17:10 on permanent residence, at the three-lanes of the third-lane road at the intersection near the D station located in C, the head sentence of the vehicle on the part of the Plaintiff, who entered the said intersection and moved bypassing from the enclosed to the discharge of the D station at the surface of the D station, and the head sentence of the F driver’s vehicle on the part of the Defendant, who moved bypassing the said intersection in the said direction, conflict.

(hereinafter “instant accident”). C.

With respect to the instant accident, the Plaintiff paid KRW 1,380,000 to E on December 10, 2013 at the repair cost of the Plaintiff’s vehicle.

【In the absence of dispute over the grounds for recognition, Gap evidence 1, 2-1, 4, 5, Eul evidence 1, Eul evidence 2-2, Gap evidence 2-1, 3-2, Eul evidence 2-2, and Eul evidence 2 to the purport of the whole pleadings and arguments

2. The occurrence and scope of the right of indemnity;

A. In the case of an intersection where liability for damages arises, overtaking is prohibited (Article 22(3)1 of the Road Traffic Act), and in the case of intending to make a right-hand through an intersection, all drivers of vehicles shall proceed to the right-hand side of the road in advance (former part of Article 25(1) of the Road Traffic Act), and in the case of intending to make a right-hand through an intersection, it is prohibited to change the course because the right-hand side of the road is kept in the end

In light of the above parts of the collision of both vehicles at the time of the instant accident, the point of accident, the vehicle moving to the intersection, the situation of damage after the accident, etc., it is reasonable to deem that the instant accident occurred due to the negligence of the Defendant vehicle on the side that violated the intersection traffic method, and three-lanes, the right edge of the road.

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