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(영문) 서울남부지방법원 2019.01.10 2018나59913
구상금
Text

1. The plaintiff's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. Facts of recognition;

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

B. At around 17:01 on May 14, 2017, there was a traffic accident between the Defendant’s vehicle, which had been making a right-hand route, and the Defendant’s vehicle going to a right-hand route, as shown in the attached Table 1054-distance Intersection at Yangju-si, in accordance with the route of the accident site, with the Plaintiff’s vehicle having been making a right-hand route. In the course of the collision, the Defendant’s vehicle shocked two vehicles (E and F) where the vehicle stops on the opposite left-hand side beyond the median line.

C. On May 31, 2017, the Plaintiff paid KRW 2,166,00 for E-vehicle and KRW 591,100 for F vehicle due to the foregoing traffic accident.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 5 through 8, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion is the traffic accident involving the negligence between the Plaintiff’s vehicle and the Defendant’s vehicle, and the ratio of liability for negligence is 60:40.

Therefore, the Defendant, who is the insurer of the Defendant vehicle, is obligated to pay the Plaintiff KRW 1,102,80 (=2,757,100 (=2,16,00 won) x 40%, 40%, and 40%, and damages for delay thereof) of the insurance money paid by the Plaintiff to the Plaintiff.

(b) The driver of any motor vehicle who intends to make a right-hand at the determined intersection shall yield the right of way to other motor vehicles, when any other motor vehicle intends to proceed straight through the intersection;

In the case of this case, as seen earlier, the Plaintiff’s vehicle was attempting to make a right-hand at the Sam-distance Intersection, and the Defendant’s vehicle was entering the intersection by a straight line, and thus, the Plaintiff’s driver caused a traffic accident by making a right-hand by neglecting such duty, even though he should have given the right-hand way to the Defendant’s vehicle.

The Plaintiff’s negligence on the part of the Plaintiff.

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