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(영문) 서울중앙지방법원 2020.01.09 2019나52432
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 3,240.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to D Vehicle (hereinafter “Defendant Vehicle”).

B. On August 1, 2018, around 11:22, 2018, the Plaintiff’s vehicle was waiting in order for the Plaintiff’s vehicle to walk on the opposite side of the center line at the Han Young-dong, Gangdong-gu, Seoul. The Defendant’s vehicle transferred to the front side of the Plaintiff’s vehicle bypassing the Plaintiff’s vehicle to the front side of the road along with the blue signal for pedestrians.

(hereinafter referred to as “instant accident”)

C. Until October 3, 2018, the Plaintiff paid KRW 10,300,000, excluding KRW 500,000,000, to the Plaintiff’s repair cost for the instant accident.

The first instance court recognized the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 4:6 regarding the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 3 through 6 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the accident in this case occurred by the unilateral negligence of the defendant's vehicle, which was bypass, without stopping in front of the crosswalk, even though the plaintiff's vehicle was an interned pursuant to the pedestrian signals that could show the plaintiff's walk.

As to this, the defendant asserts that the accident of this case was caused by the unilateral negligence of the plaintiff's vehicle, although the defendant's vehicle had entered the three-lanes bypassing it, the plaintiff's vehicle that had been late, was shocked by the defendant's vehicle.

(b) Where a driver of any motor vehicle intends to make a right-hand side at the intersection, he/she shall proceed slowly to the right-hand side of the road in advance;

In such cases, the driver of a bypassing vehicle shall stop or pass in accordance with the new subparagraph.

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