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(영문) 서울중앙지방법원 2016.05.13 2015나61766
구상금
Text

1. Of the judgment of the court of first instance, the part against the Intervenor’s succeeding to the Plaintiff corresponding to the money ordered to be paid below.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded each comprehensive motor vehicle insurance with respect to the vehicle Category A (hereinafter “Plaintiff”), and the Defendant is an insurer who has concluded each comprehensive motor vehicle insurance with respect to the vehicle Category B (hereinafter “Defendant”).

B. Around 17:50 on May 26, 2015, the driver of the Defendant vehicle driven the Defendant vehicle and proceeded along the first lane of the three-lane road in Young-gu, Young-gu, Young-gu, and Y's horse-type horse-type, Y's horse-type, and Y's horse-type, when the Plaintiff vehicle has already entered the said intersection where yellow light is flickering in a remote distance from the remote distance in the Young-gu, and has already left to the left at the flood of the Suwon-gu, and without taking safety measures, such as early detection of the vehicle and reduction of speed, the Defendant vehicle's driver tried to turn to the right to the left at the slope of the Suwon-gu, Suwon-gu, the front part of the driving seat of the Plaintiff vehicle to the front part of the front wheeler of the Defendant vehicle.

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

On June 9, 2015, the Plaintiff paid insurance proceeds of KRW 463,00 at the cost of repairing the Plaintiff’s vehicle.

Around June 30, 2015, the Plaintiff’s succeeding intervenor succeeded to the rights and obligations under the insurance contract with respect to the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 2 and 3, video, the purport of the whole pleadings

2. Determination

A. According to the above facts, the accident of this case is deemed to have been caused by the negligence in violation of the method of proceeding in the on-and-off state of yellow lights, which can be conducted by the driver of the defendant vehicle with due care on the display of other traffic or safety signs.

Plaintiff

The defendant's assertion that the driver of a vehicle has been negligent in entering the above intersection by violating the duty to give a prior notice to the driver of the vehicle.

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