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(영문) 서울중앙지방법원 2018.03.15 2017나77017
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. In fact, the Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the vehicle A (hereinafter “Plaintiff”), with respect to the vehicle B (hereinafter “Defendant vehicle”).

Around 21:10 on October 3, 2016, the Defendant’s vehicle driven along the two-lanes of the two-lane road in the New Fire-Fighting Zone from the Fire-Fighting Zone in the vicinity of Gangseo-gu Seoul Fire-Fighting Zone 589-9, to the Kimpo Airport, and was making a shift in the direction of the horizontal distance, which led to the horizontal distance intersection in the form of T (T). However, the part of the driver’s seat and door of the Plaintiff’s vehicle, which was left left left at the road coming straight from the direction and vertical length, was shocked with the driver’s seat in front of the Defendant’s driver’s seat.

(hereinafter “instant accident”). On November 10, 2016, the Plaintiff paid KRW 6,740,000 (including the Plaintiff’s driver’s non-payment) for the repair cost of the Plaintiff’s vehicle as the insurance proceeds.

[Ground of recognition] Evidence Nos. 4, 5, and 7-1, evidence Nos. 1 through 3, evidence Nos. 7-2, 8-8-1, 2, 9-9, each film of evidence Nos. 1 through 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion immediately before the occurrence of the instant accident was in the vicinity of the intersection, and the Plaintiff’s vehicle was discovered by pedestrians and bypassing the Defendant’s vehicle, and was under stop without entering the intersection.

However, the defendant's vehicle does not stop without stopping despite being accompanied by a green signal on the crosswalk, and caused the plaintiff's vehicle to shock the center line with treatment.

Therefore, the accident of this case is wholly caused by the negligence of the defendant vehicle.

B. At the time of the Defendant’s assertion, the Plaintiff’s driver at the time of the instant accident is obliged to yield the right to the Defendant’s vehicle, but did not temporarily stop or stop, and as such, the Defendant’s liability should be limited to either 40% or 50%.

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