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(영문) 서울중앙지방법원 2018.06.15 2018나6142
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an automobile insurance contract with respect to A vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into an automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. Around 14:50 on August 20, 2017, the driver of the Defendant vehicle, who suffered a traffic accident, met the left side of the Plaintiff vehicle entering the intersection in the direction of the passage of the Defendant vehicle by the negligence of reducing the speed and without checking whether other vehicles enter the intersection while passing through the intersection of a runway in the Dong-gu Daejeon-gu Daejeon, Daejeon, by reducing the speed.

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

On September 18, 2017, the Plaintiff paid a total of KRW 15,832,040,040, such as the repair cost of the Plaintiff’s vehicle, with the insurance proceeds from the instant accident.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 7, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination

A. In full view of the evidence revealed prior to the occurrence of liability for damages and the ratio of liability, the driver and the driver of the Plaintiff vehicle and the Defendant vehicle have a duty of care to check the situation of the crossing road and safely pass the intersection according to the order of priority as prescribed by the Road Traffic Act, in which the instant accident occurred, it is difficult to easily grasp the situation of passage of the crossing road due to the neighboring buildings and the parked vehicles. In addition, the driver of the Plaintiff vehicle and the driver of the Defendant vehicle did not perform such duty of care, and the occurrence of the instant accident is recognized as concurrent by the negligence of the driver of the two vehicles.

Furthermore, this article deals with the specific ratio of responsibility as above.

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