(영문) 서울중앙지방법원 2018.09.19 2018나13515

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Reasons

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자간(%)

(영문) 서울중앙지방법원 2018.09.19 2018나13515

구상금

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1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

1. Facts of recognition;

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

B. On March 21, 2017, at around 10:10, the Defendant’s vehicle: (a) caused an accident (hereinafter “instant accident”) involving the part of the front left corner of the Defendant’s vehicle, located in the intersection of the road located in the fluence of the fluence of the fluence of the fluent road; (b) the front left corners and fences of the Plaintiff’s vehicle, located in the intersection of the road located in the fluence of the fluence of the fluence of the fluence; and (c)

C. The driver of the Defendant vehicle parked at the left corner of the intersection in two sides of the vehicle, thereby making it impossible to verify the left side of the vehicle, but without temporarily stop at the intersection. D.

By June 13, 2017, the Plaintiff paid KRW 2,338,470,00 to the Plaintiff’s Intervenor, the insured, as insurance money.

[Ground of recognition] The facts without dispute, Gap's entries in Gap's evidence 1 to 3, 5, Gap's evidence 4, 6, 7 (including paper numbers), Gap's evidence 1 to 3 (including paper numbers), the purport of the whole pleadings and arguments

2. Determination on the cause of the claim

A. According to the above recognition of the liability for damages, the driver of the Defendant’s vehicle is deemed to have caused the instant accident by negligence by entering the intersection in violation of the duty to temporarily stop at the intersection where traffic is not controlled and it is impossible to confirm the left and the right is not possible (Article 31(2)1 of the Road Traffic Act). Thus, the Defendant is liable as the insurer of the Defendant’s vehicle for compensation for damages caused by the instant accident.

However, as the driver of the plaintiff vehicle, the movement of the defendant vehicle entering the right side of the vehicle is well examined.

참조조문

-도로교통법 제31조 제2항 제1호

유사 판례

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