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(영문) 대전지방법원 2018.01.16 2017나104680
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who entered into an automobile comprehensive insurance contract with respect to A (hereinafter “Plaintiff”) and the Defendant is a mutual aid business entity who entered into a car mutual aid agreement with respect to B cab (hereinafter “Defendant”).

B. On October 19, 2015, the Defendant’s vehicle: (a) went through the intersection where the traffic is not controlled and safety signs indicating a temporary suspension or concession are installed at the boundary of the police station corresponding to the C located in U.S. located in U.S. in U.S. in U.S. in U.S. (hereinafter “instant intersection”); (b) and (c) caused the Defendant’s vehicle to shock the front end of the Plaintiff’s vehicle, which entered the intersection of U.S. and left to the left at the right edge of U.S. in U.S. (hereinafter “instant intersection”); and (d) the Defendant’s vehicle, due to the negligence of going through the intersection where the safety signs indicating a temporary suspension or concession are installed; or

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

On February 19, 2016, the Plaintiff paid KRW 10,236,00 for the repair cost of the Plaintiff’s vehicle, and KRW 1,655,910 for the aggregate of KRW 1,65,910 for the medical expenses of E, a passenger of the Defendant vehicle, from October 2015 to December 2, 2015 (i.e., KRW 1,655,910 for the medical expenses of E, a passenger of the Defendant vehicle (i.e., October 22, 2015) (i.e., KRW 326,450 for the 326,450 on November 20, 2015).

[Reasons for Recognition] Evidence Nos. 1 through 15, Evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

(a) When intending to drive a motor vehicle into the intersection where a safety sign indicating a temporary suspension or concession is installed without traffic control, the driver of any motor vehicle shall temporarily stop or yield the right so as not to impede the proceeding of other motor vehicles (Article 25 (6) of the Road Traffic Act) and the driver of any motor vehicle intending to drive a motor vehicle into the intersection where traffic control is not performed shall yield the right of way to other motor vehicles, when other motor vehicles

(Article 26 (1) (b) of the Road Traffic Act.

In light of the facts acknowledged above, traffic is not controlled.

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