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(영문) 서울중앙지방법원 2019.12.05 2018나77588
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

1..

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement on the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), and the Defendant is an insurer that entered into an automobile insurance contract on D vehicle (hereinafter “Defendant’s vehicle”).

B. Around 14:50 on November 14, 2017, the Plaintiff’s front-hand turn to the left-hand turn of the Defendant’s front-hand part of the Defendant’s front-hand vehicle, which entered the intersection by leading the left-hand side of the Plaintiff’s driving direction, was shocked by the front-hand part of the Plaintiff’s vehicle.

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

By February 19, 2018, the Plaintiff paid a mutual aid amount of KRW 2,634,250 in total to the medical expenses for the passengers aboard the Defendant’s vehicle due to the instant accident.

[Ground of recognition] Evidence Nos. 1 through 5, No. 1, and the purport of the whole pleading

2. Determination as to the cause of action

(a) When intending to drive a motor vehicle into the intersection where a safety sign indicating a temporary suspension or concession is installed without traffic control, the driver of the relevant motor vehicle and the driver of any motor vehicle who intends to temporarily stop or yield the motor vehicle so as not to impede the passage of other motor vehicles (Article 25 (6) of the Road Traffic Act), the driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic control is not performed, shall slowly drive the motor vehicle when the width of the intersection is wider than that of the road on which the motor vehicle is traveling, and when there is another motor vehicle intending to drive a motor vehicle from the road with a wide width

(Article 26(2) of the same Act. The following circumstances acknowledged based on Gap evidence 6, Eul evidence 2-1, and Eul evidence 2 in the above basic facts, i.e., the accident site in this case is an intersection where traffic is not controlled, and the width of the road on which the plaintiff's vehicle passed is larger than that of the road on which the plaintiff's vehicle was travelling, and the vehicle of the plaintiff is the vehicle.

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