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(영문) 서울중앙지방법원 2017.09.29 2017나38197
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either as a matter of dispute between the parties or as a whole in the entries and images of Gap evidence Nos. 1 to 4 (including paper numbers), Eul evidence Nos. 1 to 3 and the purport of the entire pleadings:

The Plaintiff is an insurer who has entered into an automobile insurance contract with A (hereinafter referred to as “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with respect to B (hereinafter referred to as “Defendant”).

B. On August 18, 2016, at around 17:40, there was an accident where the front and rear door part of the Defendant’s vehicle driven along the said road (hereinafter “instant road”) and the front part of the Plaintiff’s vehicle entering the said road are facing each other (hereinafter “instant accident”).

C. From August 23, 2016 to November 15, 2016, the Plaintiff paid KRW 1,545,110 for the medical expenses, etc. of the victim injured due to the instant accident.

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred concurrently due to the negligence of each driver of the original Defendant vehicle, such as the violation of the duty to keep the driver on the front line.

Therefore, since the negligence ratio between the Plaintiff and the Defendant’s driver on the occurrence of the instant accident is 70%:30%: the Defendant is obligated to pay the Plaintiff the amount stated in the claim.

B. Article 18(3) of the Road Traffic Act provides that “The drivers of motor vehicles and riders of horses shall slow down when entering a road on the street building, parking lot, etc., after a stop.”

In full view of the provisions of the Road Traffic Act and the parts of the collision of the original vehicle at the time of the instant accident (the side part of the Defendant vehicle and the front part of the Plaintiff vehicle are faced), the instant accident is based on the total negligence of the Plaintiff vehicle driver who entered the instant road by failing to comply with the duty under Article 18(3) of the Road Traffic Act.

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