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(영문) 대구지방법원 2017.11.16 2017나301917
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

1..

Reasons

1. Basic facts

A. The Plaintiff is the insurer of the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), and the Defendant is the insurer of the Defendant’s vehicle B (hereinafter “Defendant’s vehicle”).

B. On July 26, 2016, around 22:15, the Defendant’s vehicle was parked in four-lanes in front of the left side of the Plaintiff’s vehicle, which was parked in the direction of the Cheonglim Elementary School in front of the right part of the Defendant’s vehicle, and then caused an accident following the left side of the C vehicle parked in front of the Plaintiff’s vehicle, which was parked in front of the Plaintiff’s vehicle.

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

On September 28, 2016, the Plaintiff paid KRW 12,040,000 for the repair cost of the Plaintiff’s vehicle to the Daegu Center, Daegu Global Center, Inc. as insurance money.

The Acts and subordinate statutes relating to the instant case are as follows:

Article 25 (Means of Passing through Intersections) (2) The driver of any motor vehicle shall, when intending to turn to the left at the intersection, go slowly along the intersection along the median line of the road in advance and turn to the left at the center of the intersection.

However, the commissioner of a district police agency may pass through the center of the intersection at a place designated by him/her as deemed particularly necessary according to the situation of the intersection.

No driver of any motor vehicle shall stop or park a motor vehicle in any place falling under any of the following subparagraphs:

Provided, That the same shall not apply where this Act, an order issued under this Act or an instruction of a police officer is complied with and the temporary suspension is made in order to prevent danger.

2. A place that is located within 5 meters from the edge of an intersection or the corner of a road;

5. The fact that there is no dispute over a place located within 10 meters from the edge of a road crossing or crosswalk (applicable to recognition), each entry in the evidence set forth in subparagraphs 1 through 14 (if there is any additional number, including each branch number; hereinafter the same shall apply), and the purport of whole pleadings;

2. The cause of the action.

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