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(영문) 인천지방법원 2016.08.23 2016나6224
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 motor vehicle mutual aid agreement with a private taxi business entity A (hereinafter “Plaintiff”).

The Defendant is an insurer who has concluded a motor vehicle insurance contract with C (hereinafter referred to as “Defendant”).

B. On May 20, 2015, around 09:40 on May 20, 2015, the Plaintiff vehicle suffered an accident where the part of the front part of the Defendant vehicle entering the said intersection was shocked to the front part of the front part of the Defendant vehicle entering the said intersection in order to turn to the left at the inside part of the said apartment complex in the direction of proceeding while crossing the road of the 12 complex 1213-dong, Seo-dong, Seo-gu, Incheon Metropolitan City along the 717-dong road.

C. On June 3, 2015, the Plaintiff paid KRW 1,710,000 for the repair cost of the Plaintiff’s vehicle due to the instant accident to the relevant repair business entity.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 5, 7, 8, 10, 11, Eul's 3 or 4, and the purport of the whole pleadings

2. The evidence revealed prior to the judgment reveals that ① vehicle signal, etc. was installed on the front side of the Defendant vehicle at the time of the instant accident and the red light was in a flickering, and ② the point at which the instant accident occurred is a three-distance intersection and it was found that the crosswalk was installed immediately before the crossing of the Defendant vehicle was opened, respectively, and ③ the fact that the instant accident occurred while the Plaintiff vehicle entered the said intersection in order to turn to the left at the right time when the Defendant vehicle entered the said intersection and is in a straight line.

According to the above facts of recognition, the driver of the defendant vehicle has a duty to temporarily stop immediately before entering the intersection, etc. and to properly look at the progress of the plaintiff vehicle and prevent the accident by entering the intersection.

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