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(영문) 서울남부지방법원 2019.05.24 2018나58248
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 concluded each automobile insurance contract with D dump trucks (hereinafter “Defendant”) with respect to C Passenger Vehicles (hereinafter “Plaintiff Vehicle”).

B. On October 10, 2017, around 18:44, the Plaintiff’s vehicle entered the intersection near the oil station located in Gyeonggi-gu E, Gyeonggi-do. On the left side of the Plaintiff’s front vehicle, and the Plaintiff’s front side conflict with the front side of the Plaintiff’s vehicle, which runs back to the right side from the front side of the Plaintiff’s front vehicle.

(hereinafter “instant accident”). The said intersection was equipped with a yellow on-and-off signal, etc., which read “astronomically”.

C. The Plaintiff paid a total of KRW 23,875,000 to November 20, 2017 at the repair cost of the Plaintiff’s vehicle.

(other) [Exclusion from Self-Payment] Fact that there is no dispute, Gap evidence 1 to 8, Eul evidence 1 to 4, the purport of the whole of video and pleadings.

2. Determination

A. The following facts and circumstances acknowledged based on the above facts and evidence revealed earlier, namely, the driver of the Defendant vehicle: (a) at the time of the accident in this case, the driver of the Plaintiff’s vehicle moved to the right side from the left side of the running direction of the vehicle; and (b) at the time of the accident in this case, the driver of the Defendant vehicle was unable to take such measures despite the duty to guide the safety of the vehicle or to prevent traffic accidents by installing a visual device; and (c) in order to pass through the intersection with a safety sign indicating temporary suspension or concession, the driver of the Defendant vehicle was obliged to temporarily stop or yield the vehicle so as not to obstruct the passage of other vehicles (Article 25(6) of the Road Traffic Act).

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