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(영문) 서울남부지방법원 2019.06.14 2018나65642
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. As to the Plaintiff’s vehicle C (hereinafter “Plaintiff’s vehicle”), the Defendant is the insurer who concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant’s vehicle”).

B. At around 16:00 on August 22, 2017, the Defendant’s vehicle entered the intersection by making a left-hand turn at the lane near the frontwest of the west-gun of the west-gun.

However, the plaintiff's vehicle, which was located in the opposite direction to the defendant's moving direction on the road where the defendant's vehicle intends to turn to the left, is left, and the front part of the plaintiff's vehicle and the front part of the defendant's vehicle conflict.

(hereinafter “instant accident”). The scene of the accident is the same as the right-hand figure.

C. The Plaintiff paid a total of KRW 1,791,750 for the medical expenses and the amount agreed upon by the Plaintiff’s driver, and KRW 755,660 for the medical expenses and the amount agreed upon by the Plaintiff’s partner.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, Eul evidence Nos. 1 to 9, or the purport of the whole of the video and the pleading

2. Determination on the cause of the claim

A. The Plaintiff’s assertion is based on the negligence of the Defendant’s vehicle entering the intersection without examining the surrounding circumstances, and the Defendant, as the insurer of the Defendant’s vehicle, is liable for the payment of liability insurance to the victim.

B. According to Article 26(1) of the Road Traffic Act, the driver of a vehicle who intends to drive a vehicle into the intersection where traffic is not controlled shall yield the right of way to other vehicles, when there are other vehicles already entering the intersection.

However, in full view of the above recognized facts and all the evidence revealed above, the defendant's vehicle entered the intersection to turn left, and then entered the intersection at the rapid speed of the plaintiff's vehicle, so the accident of this case is the whole part of the driver of the plaintiff's vehicle who violated the above obligation under the Road Traffic Act.

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