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(영문) 서울중앙지방법원 2020.08.19 2018가단5269855
보험금
Text

1. The Defendant’s KRW 6,432,840 as well as the Plaintiff’s annual rate of KRW 5% from July 15, 2018 to August 19, 2020, and the following.

Reasons

1. Occurrence of liability for damages;

A. (1) Around 13:20 on July 15, 2018, the driver of the Defendant vehicle driving the Defendant vehicle, driving the Defendant vehicle, and proceeding the intersection near the window C market in the Changwon-si, to the intersection of the E-mail store in the vicinity of the E-mail store, and, at the same time, the Plaintiff’s driver, who opened the intersection on the left side of the Defendant vehicle, was shocked.

(2) The Plaintiff suffered injury, such as the closure of the body body frame, the left-hand boom, the left-hand boom, etc., due to the instant accident. The Plaintiff was hospitalized from around that time to August 4, 2018.

(3) The defendant is an insurer who has concluded a comprehensive automobile insurance contract with the defendant vehicle.

[Grounds for Recognition] Facts without dispute, Gap 1-5, Eul 1-2 (including paper numbers), the purport of the whole pleadings

B. According to the facts of recognition of liability, the defendant is liable to compensate the plaintiff for the damages caused by the instant accident as an insurer of the defendant vehicle, unless there are special circumstances.

C. Article 26(2) of the Road Traffic Act provides that in the case of a driver of a vehicle intending to drive a vehicle into the intersection where traffic is not controlled, if the width of the intersection is wider than that of the road where the vehicle is passing, the vehicle shall slow down, and in the case of another vehicle intending to drive a vehicle into the intersection where the width is wider than that of the road where the vehicle is passing, the vehicle shall yield the

In other words, there is a provision that sets the priority in the passage of a vehicle entering the intersection from a small channel more than that entering the intersection.

In this context, "the case where the width of the road crossings by the vehicle is wider than that of the road where the vehicle is passing" can be distinguished from the case where the ordinary driver of the vehicle who is driving the vehicle is more objectively larger than that of the road where the vehicle is passing by himself.

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