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(영문) 서울중앙지방법원 2015.09.11 2015나6776
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1.The following facts may be found either in dispute between the parties or in combination with the purpose of the entire pleadings on the statements or images set forth in Gap evidence 1 to 5, Eul evidence 1, 2, and 4:

With respect to B vehicles owned by the Plaintiff (hereinafter “Plaintiff”), the Defendant is an insurer who has concluded each comprehensive automobile insurance contract with respect to C vehicles (hereinafter “Defendant vehicles”).

B. At around 12:00 on June 18, 2014, A driven the Plaintiff’s vehicle according to the road located in Suwon-si, Suwon-si, which is located in 526-8, and moved to a T-type intersection (hereinafter “instant intersection”), the part concerning the left-hand part of the Defendant’s front-hand part of the Plaintiff’s vehicle, which was turned to the left-hand part of the instant intersection from the right-hand side of the Plaintiff’s vehicle to the left-hand part of the front-hand part of the Plaintiff’s vehicle.

(hereinafter referred to as the “instant accident”). C.

On June 25, 2014, the Plaintiff paid KRW 1,333,000 as the repair cost of the Plaintiff’s vehicle due to the instant accident.

2. Assertion and determination

A. The plaintiff asserted that the accident in this case occurred due to the negligence of the defendant's driver who first discovered the plaintiff's vehicle and breached the duty of front-time watch and the duty of safe driving, while the plaintiff's vehicle entered the intersection in this case and ordinarily makes a normal round at the intersection in this case, and thus, the accident in this case occurred due to the plaintiff's own fault of the defendant's driver who violated the duty of safe driving. Thus, the plaintiff has the right

In this regard, the Defendant did not yield the Plaintiff’s vehicle when entering a narrow road than the width of the road that the Plaintiff’s vehicle proceeded. Since the instant accident occurred due to the unilateral negligence of the Plaintiff’s driver who did not temporarily stop upon entering the instant intersection without any traffic signal apparatus, the Defendant did not have any obligation to respond to the Plaintiff’s claim for reimbursement.

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