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(영문) 서울남부지방법원 2020.05.22 2019나58801
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

[Claim]

Reasons

1. Basic facts

A. As to the vehicle number C vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to the vehicle number D vehicle (hereinafter “Defendant vehicle”).

B. At around 18:30 on December 13, 2018, the driver of the Defendant vehicle entered the intersection by proceeding two lanes from the yellow light flickering signal at the intersection in front of the E hotel in U.S. Dong-dong, U.S. (hereinafter “the instant accident point”) at the high-speed 18:30, the front left part of the Plaintiff vehicle that entered the intersection by making a left turn at the front side and part of the Defendant vehicle’s left side at the front side of the front left side of the Defendant vehicle, which had entered the intersection by making a left turn at the front side of the yellow light signal at the above intersection.

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

On December 27, 2018, the Plaintiff paid insurance proceeds of KRW 9,310,000 to the insured F of the Plaintiff’s vehicle for repair costs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 5 through 9, Eul evidence Nos. 1 and 2 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The parties' assertion (1) The plaintiff asserts that since the accident of this case occurred due to the violation of the duty of safe driving and continuous driving by the driver of the defendant vehicle, the fault ratio of the defendant vehicle was 100%, and the plaintiff acquired the right to indemnity by paying insurance money to F, the defendant is obliged to pay the plaintiff the indemnity amount of KRW 9,310,000 and the delay damages.

(2) As to the defendant, the defendant asserts that the accident of this case occurred not only by the defendant, but also by the negligence of the plaintiff's vehicle that violated the duty of care to proceed with another vehicle's traffic and to make a left-hand turn at the time of the left-hand turn.

B. (1) Determination (1) Article 6(2) [Attachment 2] of the Enforcement Rule of the Road Traffic Act shall be subject to other traffic or safety signs when a yellow light is flickering.

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