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(영문) 서울중앙지방법원 2017.11.30 2017나63742
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1 to 6, Eul evidence Nos. 1 and 2, together with the overall purport of the pleadings. A.

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

B. On December 25, 2016, around 13:30 on December 25, 2016, there was an accident in which the front part of the Defendant’s vehicle, which was left left left left to the left from the front part of the Plaintiff’s vehicle, left to the front part of the lower vehicle, which was left to the left from the front part of the width of the product ginseng (at that time, yellow light was on and off; hereinafter “instant intersection”).

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

On January 5, 2017, the Plaintiff paid KRW 1,470,000 as the repair cost of the Plaintiff’s vehicle due to the instant accident.

2. Determination

A. According to Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act, on-and-off lights, vehicles and horses may proceed with with warning to other traffic or safety signs.”

In addition, Article 26 (4) of the Road Traffic Act provides that "the driver of a vehicle who intends to make a left-hand turn at an intersection where traffic is not controlled shall yield the right of way to the vehicle when there are other vehicles seeking to proceed straight through or make a right-hand turn to the intersection."

B. According to the images in Gap evidence 3 and Eul evidence 2, the defendant's vehicle is found to have received the plaintiff's vehicle, which was straight down at the intersection of this case, while maintaining a rapid speed without taking measures such as reducing speed when yellow lights reach the intersection of this case where yellow lights on and off, and making a left turn.

2.2

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