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(영문) 부산지방법원 2017.05.19 2016나51665
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of additional payment shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with A as the insured with respect to the Plaintiff’s Class B and Class III car (hereinafter “Plaintiff’s vehicle”), and the Defendant is an insurer who has concluded a liability insurance contract with respect to the D wheeled vehicle owned by C (hereinafter “Defendant’s vehicle”).

B. On August 31, 2015, around 08:50, in accordance with the 08:50, the Plaintiff’s vehicle was driven on the street of the livestock market, and the Plaintiff’s vehicle was driven along three-lanes of the three-lane road at the Kucheon Intersection, Seocheon Intersection, the collision occurred with the Defendant’s vehicle running on the right side (hereinafter “instant accident”) on the left side of the proceeding direction. On the other hand, there is only a signal to turn to the left.

C. The Plaintiff paid a total of KRW 307,000 at the repair cost of the Plaintiff’s vehicle according to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 3, and 7 and photographic images, and the result of fact inquiry to Busan Northern Police Station of the court of first instance, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The driver of a vehicle driving along an intersection where traffic is controlled by signal, etc., is sufficient to observe traffic regulations and to believe that other vehicles are believed to take appropriate measures to avoid collision, barring special circumstances, and there is no duty of care to take special measures to prevent the occurrence of accidents in advance, even if other vehicles violate the signal and are driving along the course of their own vehicles, or are expected to take any other special measures to prevent the occurrence of accidents.

However, there are other vehicles already entering the intersection even if they are drivers of vehicles driving in compliance with signal.

or another vehicle has a signal to its proceeding direction.

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