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(영문) 춘천지방법원 2018.05.02 2017나1305
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is a mutual aid association that entered into a motor vehicle mutual aid agreement with B taxi vehicles (hereinafter “Plaintiff vehicle”), and the Defendant is the owner of C vehicle (hereinafter “Defendant vehicle”).

B. On February 14, 2016, around 09:00 on February 14, 2016, the driver of the Plaintiff’s vehicle impacted the back wheels part of the Defendant’s vehicle, the right side of which is direct to the right side from the left side of the running direction of the Plaintiff’s vehicle, at the Chuncheon E Apartment-gu Fatch Intersection.

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

In the instant accident, passenger G, on board the Plaintiff’s vehicle, suffered from the injury of the lux and the luxal base of salt, and the Plaintiff paid G the sum of KRW 800,000 and KRW 1,524,980 for medical expenses, and KRW 1,524,890 for medical expenses.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The intersection where the Plaintiff’s assertion occurred is the road along which the Plaintiff’s vehicle runs, and the road along which the Defendant’s vehicle runs is a small road, the Defendant should temporarily stop the Plaintiff’s vehicle before entering the intersection and pay attention to the Plaintiff’s vehicle.

Nevertheless, the Defendant did not pay such attention, so the instant accident is an accident caused by the negligence of the Plaintiff’s driver and the Defendant, and the Defendant’s fault ratio constitutes 40%.

Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 609,950, the sum of the above agreed amounts and medical expenses of KRW 1,524,890, and damages for delay thereof, which is 40%.

B. The Defendant’s assertion that the instant accident occurred is that the Defendant’s vehicle, which first entered the intersection and fell into the intersection, was shocked by the Plaintiff’s vehicle, so there is no fault of the Defendant’s vehicle.

3. Determination

A. Article 26 (1) of the Road Traffic Act does not regulate traffic.

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