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(영문) 춘천지방법원강릉지원 2015.01.22 2014가단202567
구상금
Text

1. The Defendant’s KRW 16,076,640 for the Plaintiff and KRW 5% per annum from July 5, 2014 to January 22, 2015.

Reasons

1. Occurrence of a traffic accident and payment of insurance proceeds;

A. At around 13:40 on July 7, 2013, Nonparty A driven the Plaintiff’s insured vehicle B E-P car (hereinafter “Plaintiff”) and entered the intersection of the private distance crossing at the entrance of the Jungdo New apartment of Gangnam-dong, Gangnam-dong, Chungcheongnam-dong, Chungcheongnam-dong, and entered the air and correspondence intersection at the surface of air and correspondence colleges from the surface of the air and correspondence beach.

B. The insured vehicle C, the insured vehicle of the Defendant, who was proceeding the above intersection from the border side of the border side, was an accident where the front door of the Plaintiff’s vehicle was shocked by the front part of the right part.

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

At the time of the instant accident, the red on-and-off signal lights and crosswalks were installed in front of the direction of the Plaintiff’s vehicle at the time of the instant accident, and the yellow on-and-off signal lights and a stop line were installed in front of the Defendant’s driving direction.

After the instant accident, the Plaintiff paid KRW 23,460,510 in total from August 30, 2013 to July 4, 2014.

[Ground of recognition: Facts without dispute, Gap evidence 1-1 through 7, Gap evidence 2-1, 2, Gap evidence 5-1 through 21, Eul evidence 1-3 through 13, the purport of the whole pleadings]

2. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion is the cause of the instant claim. The instant accident occurred due to the Plaintiff’s former negligence by the Defendant’s driver who entered the intersection without reducing speed or properly examining the surrounding condition even though the Plaintiff’s vehicle entered the said intersection. As such, the Defendant asserted that the Defendant, who was exempted from the Plaintiff’s departure, is liable to pay the Plaintiff the full amount of the Plaintiff’s departure. The Defendant asserted that the instant accident was caused by the Plaintiff’s negligence by the Plaintiff’s driver who proceeded to the intersection without temporarily stopping, even though the instant accident was a red and flickering signal.

B. The following relevant laws and subordinate statutes and evidence revealed in the judgment of this court.

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