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(영문) 서울중앙지방법원 2018.03.23 2017나70580
구상금
Text

1. Of the judgment of the court of first instance, KRW 1,060,000 against the Plaintiff and its related thereto, from October 13, 2016 to March 23, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with A private taxi (hereinafter “Plaintiff”), and the Defendant is an insurer that entered into a motor vehicle B (hereinafter “Defendant vehicle”).

B. Around 08:40 on August 12, 2016, the Plaintiff’s vehicle had an accident of collision with the Defendant’s vehicle, which was left left left by driving on the left side of the driving direction at the front distance intersection of “D Licensed Real Estate Agent” in front of the “D Licensed Real Estate Agent” while driving on the side road of Songpa-gu Seoul.

(hereinafter referred to as “instant accident”). C.

Plaintiff

On October 12, 2016, the Plaintiff paid KRW 1,325,000 for the repair cost of Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 8 (including paper numbers) and the purport of the whole pleadings

2. The plaintiff asserts that the accident in this case occurred by the whole negligence of the defendant's vehicle who left the left while driving the one-way road, while the defendant asserts that the plaintiff was also negligent in driving the plaintiff's vehicle while driving the one-way road, and that the defendant also proceeded with the driver's vehicle while temporarily driving at the side road or without going through the intersection, and that the negligence ratio is at least 40%.

3. The following circumstances, i.e., the Defendant’s vehicle driving along a road with a one-way traffic sign without properly verifying whether or not the Defendant’s vehicle was straighted at the site of the instant accident, ii) the intersection in which the instant accident occurred, and the driver of all vehicles, regardless of the order of traffic priority, should temporarily stop at the intersection where the traffic is not controlled, and the traffic is not checked, or the traffic is not verifiable or the traffic is frequent.

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