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(영문) 서울중앙지방법원 2018.06.01 2017나90775
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract for B vehicles (hereinafter “Plaintiff vehicles”) with A, and the Defendant is the insurer who has concluded the automobile insurance contract for C vehicles (hereinafter “Defendant vehicle”).

B. On September 17:15, 2016, the Plaintiff’s vehicle was proceeding along the two-lanes of the third line road of Yangyang-si, Namyang-si, Yangsung-si, with a straight-line signal, and the Plaintiff’s vehicle shocked the Defendant’s vehicle entering the intersection by straight-lineing the two-lanes of the third line road in the opposite direction without lowering the speed.

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

On October 13, 2016, the Plaintiff paid insurance proceeds of KRW 12,210,000 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] The descriptions of Gap evidence Nos. 2, 4, 5, and 7, Gap evidence Nos. 6, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is an accident caused by the unilateral negligence of the Defendant’s vehicle that made a left turn at the two-lanes in violation of the non-protection line method, and thus, the Defendant is obligated to pay KRW 12,210,000 of the insurance money paid by the Plaintiff to the Plaintiff.

B. 1) The driver of a plaintiff vehicle and the driver of any motor vehicle who intends to turn to the left at the intersection, shall go slowly along the intersection along the center line of the road in advance and turn to the left (Article 25(2) of the Road Traffic Act), and the driver of a motor vehicle going to the left in the area prior to the non-protective seat line shall make the left turn to the left so as not to interfere with the vehicle coming from the opposite side (Article 6 subparag. 2 of the Enforcement Rule of the Road Traffic Act).

1.(b)

See No. 329, the following circumstances, which are acknowledged by considering the overall purport of the arguments, i.e., the left-hand turn-hand turn-hand turn-on of the three-lane road in which the Defendant vehicle is running, the vehicle turn-on the direction to turn-on and temporarily stops.

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