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(영문) 서울중앙지방법원 2017.04.19 2016나63998
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a comprehensive motor vehicle insurance contract with respect to Alearning motor vehicle (hereinafter “Plaintiff”), and the Defendant is a motor vehicle mutual aid business operator who has concluded a motor vehicle mutual aid contract with respect to B bus B (hereinafter “Defendant”).

B. Around 15:30 on March 27, 2016, the Plaintiff’s vehicle went through the intersection in the direction of the front of the viewing in accordance with the traffic signal, and entered the two-lane road in the front direction of the Plaintiff’s front direction while passing through the intersection. On the right side of the Plaintiff’s driving direction, the Plaintiff’s vehicle turned into the second two-lane road in the front direction of the front direction of the Defendant’s vehicle, which entered the second two-lane of the two-lane road in the front direction of the Defendant’s driving direction of the Plaintiff’s vehicle, and the front end part of the Plaintiff’s back end part of the Plaintiff’s vehicle.

(hereinafter “instant traffic accident”). C.

On May 2, 2016, the Plaintiff paid KRW 1,036,600 at the repair cost of the Plaintiff’s vehicle due to the instant traffic accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1 and the purport of the whole pleadings

2. According to the above findings of determination, the traffic accident in this case was caused by the negligence of the driver of the defendant vehicle who violated the duty of care to safely make a right of movement of the plaintiff vehicle in transit according to the progress signal at the intersection in this case, and by failing to interfere with its course. However, the negligence of the driver of the plaintiff vehicle who violated the duty of care to safely enter the vehicle into the vehicle prior to the right ofpass is also deemed to have partly caused the occurrence of the accident in this case.

Furthermore, the arguments and records of the instant traffic accident, such as the details of the instant traffic accident and the location at the time of the collision between the Plaintiff and the Defendant vehicle.

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