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(영문) 서울중앙지방법원 2017.07.05 2017나4330
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. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On June 25, 2016, around 00:30, the Plaintiff’s vehicle entered the intersection from the side road in which there is no signal display sign near Gangnam-gu Seoul, Seoul to the direction of the speech line. On the left side of the Plaintiff’s vehicle immediately after its entry, the part of the front right part of the Defendant’s vehicle, which was proceeding in the direction of the school route from the left side of the Plaintiff’s vehicle to the left part of the Plaintiff’

(hereinafter “instant accident”). C.

The Plaintiff’s vehicle was destroyed due to the instant accident, and the Plaintiff paid KRW 27,550,000 as insurance money on August 17, 2016.

[Ground of Recognition] Unsatisfy, Gap evidence 1 through 6, Eul evidence 1, 3, and 4 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) At the time of the instant accident, the Plaintiff’s vehicle entered the road to the right edge, and thus, the Defendant’s vehicle has a high duty of care, and thus, the Defendant’s fault is about 70% in consideration of the fact that the Defendant’s vehicle had a vehicle on the right edge, and the speed of the Defendant’s vehicle was relatively high. 2) The Defendant’s driver was at the time of the instant accident, and the Defendant’s vehicle was at the time of the instant accident, and the accident was caused due to the Plaintiff’s failure to discover the Defendant’s vehicle driven, and thus, the Defendant’s responsibility is

B. According to Article 31(2) of the Road Traffic Act, the driver of any motor vehicle shall temporarily stop at the intersection where traffic is not controlled, it is impossible to confirm the right and the right or the right or the right or the traffic is heavy, and the driver of any motor vehicle who intends to simultaneously drive the motor vehicle at the same time in which the traffic is not controlled pursuant to Article 26(2) of the Road Traffic Act shall yield the right or right

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