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(영문) 서울중앙지방법원 2017.07.07 2016나72855
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Facts of recognition

The plaintiff is a non-profit corporation established with a person holding a private taxi transportation business license in Seoul Special Metropolitan City as its members, and is conducting business activities to compensate for losses caused by an accident of the member of the regular taxi transportation business.

The plaintiff's assistant intervenor is the owner of the private taxi B (hereinafter referred to as "Plaintiff's vehicle") and is the member of the plaintiff's standing association.

The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to CK9 vehicles (hereinafter referred to as "Defendant vehicle").

The details of the instant accident are as follows.

On March 27, 2015, the date and time of accident: On March 27, 2015, the location of the accident: Around the 17:04 intersection near Yongsan-dong, Yongsan-gu, Seoul: A plaintiff's vehicle conflicts with the defendant's vehicle that entered the said intersection in the direction of the front-down in the direction of the Busan High School, which is the place of accident, and entered the road of the plaintiff's vehicle and returned to the left after making a left-hand turn.

(See the case where the Plaintiff paid KRW 1,183,00 at the repair cost of the Plaintiff’s vehicle on June 8, 2015. The Plaintiff paid KRW 1,183,000 as the repair cost of the Plaintiff’s vehicle.

【The driver of a vehicle driving along an intersection where traffic is controlled by the signal signal to the purport of the entire pleadings and the description or image of the statement or image as referred to in Article 1, 3, 4, 5, 6, 9, 1, 2, and 3 of the grounds for recognition shall not be obliged to take special measures to prevent the occurrence of accidents even if other vehicles are believed to observe traffic regulations and to take appropriate measures to avoid collision, except in extenuating circumstances. The driver of a vehicle driving along an intersection where traffic is controlled by the signal signal to the entire purport of the pleadings. There is no obligation to take special measures to prevent the occurrence of accidents even if other vehicles violate the signal and stop their course.

This is different even if there is no separate proceeding signal for one's own direction at the intersection.

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