(영문) 서울중앙지방법원 2019.05.23 2018나80454

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.05.23 2018나80454

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with C (hereinafter “Plaintiff”) and the Defendant is an insurer who has entered into an automobile insurance contract with D vehicle (hereinafter “Defendant”).

B. On June 5, 2018, around 14:46, the Plaintiff’s vehicle is proceeding along one lane from the road near the e-mail in the e-mail-dong, U.S., U.S. to the left at the intersection and went to the left pursuant to the new subparagraph, and there was a conflict with the Defendant’s vehicle entering the right by moving to the right line from the opposite direction in the right direction.

C. Under an insurance contract, the Plaintiff paid KRW 422,80 to E, etc. at the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] The fact that there is no dispute or the defendant does not clearly dispute, the entry of Gap evidence No. 5 (Payment Agency of Repair Expenses), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff's vehicle is not in violation of the cross-section traffic method, since the plaintiff's vehicle entered the first way to the second way after making a left-hand turn at the center of the intersection in accordance with the left-hand turn, and it is not a violation of the driver's duty of care in front of the defendant's vehicle driver. Thus, the defendant is obliged to pay the insurance money paid by the plaintiff to the plaintiff.

B. The Plaintiff’s negligence was caused by the Plaintiff’s vehicle immediately entering the two-lanes in violation of the intersection passage method, and the instant accident was caused by the negligence of the Plaintiff’s vehicle and the Defendant’s vehicle’s negligence. Therefore, the Defendant’s negligence should be considered in the amount of indemnity.

3. Where the driver of any motor vehicle intends to make a right-hand side through the intersection, he/she shall proceed slowly to the right-hand side of the road in advance;

In such cases, the driver of a bypassing motor vehicle shall stop in accordance with the new subparagraph or take care of pedestrians or bicycles.

(2) All vehicles.

유사 판례

-인천지방법원 2021.04.20 2020나67806

-대구지방법원 2017.04.13 2016나308348

-서울중앙지방법원 2018.04.06 2017나63155

-서울중앙지방법원 2017.06.22 2017나11093

-서울중앙지방법원 2015.12.17 2015나14425