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(영문) 서울중앙지방법원 2020.01.30 2019나44189
구상금 청구의 소
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

2...

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and thus, this part of Article 420 of the Civil Procedure Act is cited, except for the following modifications.

The accident site map of this case is as shown in the attached Form.

In the judgment of the first instance court, 5 to 5 are replaced by the following.

According to the fact that the defendant's liability was established, it is evident that the defendant's driver is liable to compensate for the damage caused by the accident in this case.

Therefore, in accordance with the insurer’s subrogation doctrine, the Defendant, the insurer of the Defendant’s vehicle, is obligated to pay the Plaintiff the share of the Defendant’s vehicle and the Plaintiff’s driver’s liability, which is determined below, of the share paid by the Plaintiff due to the instant accident.

B. In addition to the following circumstances acknowledged by the evidence and the purport of the entire pleadings in the above facts of recognition as to the ratio of liability, it is reasonable to view that the negligence of the driver of the vehicle on the part of the plaintiff and the negligence ratio of the driver of the vehicle on the part of the defendant is 60%:40%.

According to Article 6 (2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act, when there is a on-and-off signal of a red light, vehicles and horses shall temporarily stop the signal immediately before or after the intersection and proceed with due care for other traffic.

On the direction of the Plaintiff’s vehicle along the intersection in which the instant accident occurred, there was a red on-and-off signal at the entrance of the intersection, and thus, the Plaintiff’s driver was obliged to temporarily stop the vehicle before entering the intersection and to pay attention to other traffic.

In the direction of the Defendant’s vehicle, a yellow flickering signal was installed in the direction of driving, but in accordance with Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act, vehicles and horses are different.

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