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서울중앙지방법원 2019.02.15 2018나58488

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal



1. The circumstances leading up to the instant accident are as follows.

On August 26, 2017, at the time of the accident, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, and around August 26, 2017, around 21:58, at the time of the accident, the vehicle of the Plaintiff was making a left-hand turn to the left-hand turn in accordance with the traffic signal at the distance of front farming at the place where the accident occurred in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and the vehicle of the Plaintiff was trying to immediately enter the vehicle of the Plaintiff as the front left-hand side of the vehicle of the Plaintiff and immediately enter the front side of the vehicle of the Plaintiff as the front left-hand side of the vehicle of the Plaintiff. The fact that there is no dispute over the damage of self-owned vehicle of KRW 6,528,00 (founded grounds for recognition), the entries and images of evidence Nos. 1 through 3, 5,

2. The parties' assertion

A. The Plaintiff’s driver, without considering the traffic situation of other vehicles in normal course at the intersection, conflicts between the Plaintiff’s vehicle while making an abnormal treatment meeting in violation of the Road Traffic Act and the Plaintiff’s vehicle. Thus, the instant accident occurred due to the previous negligence of the Defendant’s driver. Therefore, the Defendant is obliged to pay the Plaintiff the entire repair cost paid by the Plaintiff as the indemnity.

B. At the time of the instant accident, the Plaintiff’s driver was unable to avoid the collision due to the Plaintiff’s breach of the duty of safe driving, such as making a left-hand turn at a very rapid speed, even though the Plaintiff’s vehicle could have discovered in advance a part of the Plaintiff’s vehicle at the time of the instant accident. Therefore, in the instant accident, the said negligence by the Plaintiff’s driver should be considered.

3. Determination

(a) 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 (Article 25(1) of the Road Traffic Act), and all motor vehicles shall also proceed to the right-hand