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(영문) 서울중앙지방법원 2015.04.28 2014가단95136
구상금
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1. The Defendant’s KRW 19,341,175 to the Plaintiff, as well as 5% per annum from February 22, 2014 to April 28, 2014.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with respect to AW vehicles (hereinafter “Plaintiff insurance vehicle”), and the Defendant is an insurer who has entered into an automobile insurance contract with respect to BMW vehicles (hereinafter “Defendant insurance vehicle”).

B. On January 22, 2014, at around 09:55, the Defendant Insurance Vehicle was running a yellow safety zone set up in front of the U-turn road in front of the Seoul Gangnam-gu, Seoul, along the U-do 7th line, from the Cheongdo 7th line road. The Plaintiff Insurance Vehicle entered to make a left-hand turn on the right-hand side of the Defendant Insurance Vehicle, and there was an accident that conflict between the upper right-hand side of the Defendant Insurance Vehicle and the upper left-hand side of the Defendant Insurance Vehicle (hereinafter “instant accident”).

C. On February 21, 2014, the Plaintiff paid KRW 27,630,250,000 as insurance money to the insured of the Plaintiff insurance vehicle D due to the instant accident.

On the other hand, on the front side of the lane where the defendant insurance vehicle, which is the place where the accident in this case occurred, has a pedestrian signal in a crosswalk where the signal lights are green, the vehicle signal shall be red, and if the pedestrian signal is red, the vehicle signal shall be green. On the side road located on the right side between the above crosswalk and the stop line of the lane, the vehicle may turn left and enter the lane when the pedestrian signal in the crosswalk is green.

[Ground of recognition] Facts without dispute, Gap 1, Gap 2, Gap 6-1, Gap 9-4, Eul 1-4, Gap 8-1 through 4, the purport of all the images and arguments

2. Determination on the cause of the claim

A. Since the plaintiff's alleged vehicle violates the signal and is negligent in driving a yellow safety zone, the driver of the defendant's insurance vehicle is liable to compensate for damages caused by the above accident, and the plaintiff pays insurance money to the defendant.

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