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(영문) 서울중앙지방법원 2018.06.27 2018나11854
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Plaintiff Oral Ba (hereinafter “Plaintiff Oral Ba”), and the Defendant is the owner of B si (hereinafter “Defendant si”).

B. On September 13, 2017, around 56:56, at the front intersection in Seo-gu, Busan and the front part of the Plaintiff’s Otobba, Defendant si took the front part of the front part of the Plaintiff’s Obaba, and due to its shock, there was an accident of receiving the front part of the Plaintiff’s Obaba, which was parked in front of the Obaba.

The field map of the accident and the situation of the accident shall be as specified in the attached Form.

C. On September 25, 2017, the Plaintiff paid KRW 700,000 (i.e., KRW 574,000) on September 25, 2017 at the repair cost of the said car using the said car (= KRW 126,000).

(1) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall yield the right of way to other motor vehicles, when any other motor vehicle is already traveling through the intersection.

(2) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled, shall slowly drive the motor vehicle, if the width of the intersection is wider than that of the road on which the motor vehicle is traveling, and when any other motor vehicle intends to drive a motor vehicle into the intersection from a road with a wide width, he/she shall yield the right

(3) The driver of any motor vehicle who intends to enter an intersection where traffic is not controlled shall yield the right of way to the motor vehicle on the right side.

Article 31 (Places to Slow or Temporary Suspension) (1) The driver of any motor vehicle shall slowly drive the motor vehicle in any of the following places:

1. An intersection in which traffic is not controlled. (2) The driver of any motor vehicle shall temporarily stop in any of the following places:

1. Traffic is not controlled, it is impossible to view the left and the right, or the traffic is heavy; and

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