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(영문) 서울중앙지방법원 2018.04.09 2017나71071
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

1..

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Plaintiff Company A (hereinafter “Plaintiff”), and the Defendant is an insurer who entered into an automobile insurance contract with the Defendant Company B (hereinafter “Defendant Vehicle”).

B. On February 21, 2017, the Plaintiff’s vehicle left the left at the intersection of TW distance near Daegu Suwon-gu C on February 21, 2017, and, at the right right side of the Plaintiff’s vehicle, the back wheel part of the Defendant’s vehicle, which was left the right side of the Plaintiff’s vehicle, was shocked into the right side of the Plaintiff’s vehicle.

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

On March 8, 2017, the Plaintiff paid KRW 438,000 at the repair cost of the Plaintiff’s vehicle.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 6 (including the number of branch offices for which there is additional number), Eul's 1 through 4, or the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The driver of the vehicle who intends to make a left turn at the intersection where traffic is not controlled shall yield the right of way to the vehicle going through the intersection, but the accident of this case occurred due to the total negligence of the defendant vehicle who made a left turn without yielding the way to the vehicle going through the intersection, and thus, the defendant is obliged to pay the amount equivalent to the insurance money paid by the plaintiff to the plaintiff and the damages for delay.

In this regard, the defendant asserts that the defendant's vehicle first enters the intersection and going slowly to the left, as the plaintiff's vehicle entered the intersection which is unreasonable and the accident of this case occurred, the fault ratio of the plaintiff's vehicle reaches 50%.

(b) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the right of way to other motor vehicles, when other motor vehicles are already traveling through the intersection (Article 26 (1) of the Road Traffic Act) and not controlling the traffic;

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