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(영문) 광주지방법원 2018.06.01 2017나62395
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following order for payment is revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile accident insurance contract with A (hereinafter “Plaintiff”) and the Defendant is a mutual aid insurer who has entered into an automobile accident insurance contract with B (hereinafter “Defendant”).

B. On February 18, 2017, at around 20:13, the Plaintiff’s vehicle conflict with the Defendant’s vehicle at the front of the D (hereinafter “instant intersection”) located in Seo-gu, Seo-gu, Gwangju (hereinafter “instant intersection”).

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

The intersection of this case is the intersection of the 8th parallel road and the 4th parallel parallel road from each other. At the time of the accident, in the regular civic park where the Plaintiff’s vehicle was under way at the time of the accident, the red light was on-and-off on the 2nd line road in the direction of the square, while the red light was in operation without temporarily suspending prior to the entry into the intersection.

At the 8rd line reservoir of the 8rd line crossing by the time when the Plaintiff’s vehicle entered the intersection, the yellow light was on-and-off on the 4rd line road in the direction of the bar (the left side from the right side of the Plaintiff’s vehicle). There was a vehicle waiting to turn to the left on the first line. While the Plaintiff’s vehicle passes through the intersection, there was a vehicle passing through the intersection from the front side to the intersection in the direction of the bar line.

However, at the time when the Plaintiff’s vehicle continues to go straight and pass through the center line near the 8th line of the road from the intersection, the Defendant’s vehicle went through from the secondary line in the direction of the Rocheon Reservoir, and entered the intersection without speed, and the instant accident occurred within the intersection.

The front right part of the Plaintiff’s vehicle was destroyed due to the instant accident, and the front front part of the Defendant’s vehicle was destroyed.

E. On May 15, 2017, the Plaintiff paid KRW 14,657,00 as insurance money for the repair cost of the Plaintiff’s vehicle.

【Ground of recognition】An absence of dispute, Gap No. 1.

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