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(영문) 서울중앙지방법원 2018.12.07 2018나38569
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The circumstances leading up to the instant accident are as follows.

At the time of the accident, the insured vehicle A, at the time of the insured vehicle A, at the time of August 25, 2017, 13:40 on August 25, 2017, Jung-gu, Seoul, Chungcheongnam-gu, Seoul, had passed through the intersection where the Plaintiff’s vehicle is engaged in traffic control by signal apparatus in front of the New World Department Store, in accordance with the straight-on signal. The Defendant vehicle is going to go by right from the road on the right side of the Plaintiff’s driving direction, and the vehicle is going to go to the front line of the Plaintiff’s driving direction. The part of the vehicle is the front line of the Defendant’s driving direction, which led to the impact of the Plaintiff’s right side rier and the rear wheels. The payment of the insurance money was KRW 2,730,000,000 (based on recognition), there is no dispute over the issue of whether there is any dispute over the Plaintiff’s self-payment charges of KRW 500,000,00 for self-paid.

2. The parties' assertion

A. The Plaintiff’s driver did not maintain a reasonable safety distance between the Plaintiff’s preceding vehicle and the Plaintiff’s preceding vehicle, and the safety zone was invaded while riding on the left side, not the right side of the road, bypassing the right side of the road, and changed the course in an unreasonable manner without making any signal. The instant accident occurred due to the preceding negligence of the Defendant’s driver. As such, the Defendant is obliged to pay the amount equivalent to the repair cost that the Plaintiff paid to the Plaintiff who acquired the right to claim damages by subrogation.

B. The place where the instant accident occurred is the road of the fifth line, and there was no limit in the front direction. Therefore, the Plaintiff’s driver was at fault of the Plaintiff’s driver, despite the fact that the Plaintiff’s driver was able to fully discover the Defendant’s access from the right direction to the right side of the road, in order to drive the Defendant’s vehicle in an excessive way without yield the course to the Defendant’s vehicle, so that the Plaintiff’s driver was at fault.

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