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(영문) 서울중앙지방법원 2019.09.05 2019나21216
구상금
Text

1. Of the judgment of the court of first instance, the Plaintiff constitutes the money that orders the Plaintiff to pay the following amount.

Reasons

1. Basic facts

A. As to the Plaintiff’s automobile C (hereinafter “Plaintiff’s vehicle”), the Defendant is an insurance company that has acquired each automobile insurance with respect to DNA (hereinafter “Defendant’s vehicle”).

B. Around August 24, 2018, the driver of the Plaintiff’s vehicle, driving the Plaintiff’s vehicle around 18:50 on and around August 24, 2018, is facing the Defendant’s vehicle and the Defendant’s vehicle, who immediately crossed the crosswalk installed therein to red signal.

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

On October 16, 2018, the Plaintiff paid KRW 1,383,300,000, which is an insurance company for the Plaintiff’s vehicle repair cost for the Plaintiff’s vehicle due to the instant accident, to E, etc. by subtracting KRW 345,00 from the insured’s self-paid share.

[Ground of recognition] Facts without dispute, video images of Gap evidence 1 and 7, the purport of the whole pleadings

2. According to the above facts of recognition, it is reasonable to view that the accident of this case occurred due to the negligence of the driver of the defendant vehicle crossing the crosswalk without permission on the red signal.

On the other hand, except for one lane which is the one-lane at the time of the accident in this case, the Defendant is forced to take the left turn to the left, even though the driver of the Plaintiff also has a duty of care to safely drive the vehicle by preparing for the occurrence of pedestrians, etc. crossing the vehicle without permission.

The plaintiff's driver's negligence should also be reflected because the accident of this case occurred because the defendant's vehicle which has dried the crosswalk was not discovered.

However, it is difficult to see the driver of the plaintiff's vehicle who is bound by the evidence submitted to this court, and the driver of the plaintiff's vehicle who is driving in compliance with the signal is obliged to drive the plaintiff's vehicle by predicting the crosswalk to the red signal without permission.

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