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(영문) 서울남부지방법원 2020.12.17 2020나56214
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to C Vehicle (hereinafter “Plaintiff”), and the Defendant is the insurer who has concluded the automobile insurance contract with respect to D Vehicle (hereinafter “Defendant”).

B. Around 09:30 on August 10, 2019, the Defendant’s vehicle at the intersection located in Daejeon-dong, Daejeon-dong, Daejeon-dong, 600, did not temporarily stop from a wooden bridge to Samsung through a red on-and-off signal, the front side of the Plaintiff’s vehicle, which was straightened from the direction of the E Elementary School to the printed alley light on the front side of the Defendant vehicle, was shocked by the front side of the Defendant vehicle, and the Plaintiff’s vehicle shocked the front side of the F vehicle’s driver’s seat in front of the traffic signal in front of the left side while the vehicle was pushed down on the left side.

(hereinafter “instant accident”). C.

The Plaintiff’s vehicle was disseminated due to the instant accident, and on September 17, 2019, the Plaintiff paid KRW 5,610,000 (=the total amount of KRW 6,760,000 - the remainder amount of KRW 1,150,000).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence No. 2 and the purport of the whole pleadings

2. The plaintiff argued by the parties that the accident of this case occurred by entering the instant intersection without temporarily suspending in violation of the red on-and-off signal. The plaintiff asserts that the accident of this case was caused by the negligence of the defendant vehicle entirely as above.

The Defendant asserts that the Plaintiff’s vehicle’s fault related to the instant accident is at least 20%, since the signal on the direction of the Plaintiff’s vehicle was yellow on-and-off signal, and thus, the Plaintiff’s vehicle should have entered the instant intersection with due care over the traffic situation surrounding the Plaintiff’s vehicle. As a result, the instant accident occurred as a result of the excessive entry in violation of this, the negligence

3. Determination

A. The fact that the negligence ratio of the plaintiff vehicle and the defendant vehicle was recognized in the above basic facts and each of the above facts.

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