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(영문) 대전지방법원 2017.10.18 2016가단201095
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 19, 2015, the Defendant driving a vehicle B on March 19, 2015 (hereinafter “Defendant vehicle”) and driving a vehicle B (hereinafter “Defendant vehicle”) in the direction of the Defendant’s vehicle at the top of the Defendant’s vehicle, where the distance of actual street in the Dong-dong, Chungcheongnam-dong, Daejeon was straighted as two-lanes on the road of the second line in the direction of the lender, the distance of actual street was sent to the seat of the second line. The Defendant was sent to the front line of the Defendant’s vehicle.

(hereinafter “instant accident”). (b)

The plaintiff is an insurer who has entered into a special contract with E for coverage of non-life insurance.

The Plaintiff paid KRW 81,691,100 to C with insurance proceeds from the instant accident in accordance with the foregoing special agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, and the purport of the whole pleadings

2. The plaintiff's assertion that the defendant neglected the duty of front-time care in a remote distance without any signal and caused the accident of this case and 30% of the defendant's liability ratio for the accident of this case. Thus, the defendant is obligated to pay to the plaintiff the plaintiff the compensation amount after deducting the amount of KRW 10 million returned from the insurer of the defendant's vehicle from the liability insurance money out of the above insurance money paid to the plaintiff C with the indemnity amount, which is equivalent to the above ratio of the defendant's liability amount of KRW 71,691,100, which is equivalent to KRW 21,

3. Determination

A. The driver of a vehicle driving along an intersection where traffic is controlled by signal, etc., is sufficient to observe traffic regulations and to believe that other vehicles are believed to take appropriate measures to avoid collision, barring special circumstances, and there is no duty of care to take special measures to prevent the occurrence of accidents in advance, even if other vehicles violate the signal and are driving along the course of their own vehicles, or are expected to take any other special measures to prevent the occurrence of accidents.

However, there are other vehicles already entering the intersection even if they are drivers of vehicles driving in compliance with signal.

or otherwise.

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