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(영문) 부산지방법원 2017.02.08 2016나45097
구상금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has entered into a comprehensive automobile insurance contract with respect to the B car volume (hereinafter “Plaintiff insurance vehicle”), and the Defendant is an insurer who has entered into a comprehensive automobile insurance contract with respect to C car volume (hereinafter “Defendant insurance vehicle”).

Plaintiff

The supplementary intervenor is as follows:

A person who drives the Plaintiff’s insurance vehicle at the time of the instant accident described in the subsection.

B. On November 1, 2014, the Defendant’s insurance vehicle entered the area where no signal apparatus is installed, to pass through the Busan Eastdong-gu D community service center intersection, which is an area where it is located, caused an accident where the front part of the Plaintiff’s insurance vehicle entering the said intersection for the same time conflicts with the front part of the Defendant’s insurance vehicle’s left side (hereinafter “instant accident”).

Plaintiff

The width of the road before entering the intersection of the road where the insurance vehicle is in progress is about 7 meters, and the width of the road before entering the intersection of the road where the defendant insurance vehicle is in progress is about 3.5 meters.

C. The plaintiff is the above A.

On December 19, 2014, according to the car insurance contract stated in the clause, the tax accounting corporation, the owner of the Plaintiff insurance vehicle, paid 1,80,000 won for the self-insurance proceeds corresponding to the repair cost (hereinafter “instant insurance proceeds”).

With respect to the concession driving at an intersection where traffic is not controlled, Article 26 of the Road Traffic Act is defined as follows:

(1) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled shall yield the right of way to other motor vehicles, when the motor vehicle is already traveling through the intersection.

(2) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled, shall slowly drive the motor vehicle, if the width of the intersection is wider than that of the road on which the motor vehicle is traveling, and when any other motor vehicle intends to drive a motor vehicle into the intersection from a road with a wide width, he/she shall yield the right

(3)

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