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(영문) 서울중앙지방법원 2018.05.10 2017나86035
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

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

B. Around 11:20 on July 16, 2016, the Plaintiff’s vehicle shocked the front part of the Defendant’s vehicle’s driver’s seat located on the left side from the right side of the Plaintiff’s vehicle while the Geum-dong Housing was left to the left at the “T”-type intersection. In short, the Plaintiff’s vehicle shocked the front part of the Plaintiff’s driver’s seat.

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

On July 20, 2017, the Plaintiff paid KRW 1,032,070 as insurance money for the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 5, Eul evidence Nos. 1, 3, 4, and 6, or the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant accident occurred when the Plaintiff’s vehicle and the Defendant’s vehicle entered the same time, and the Defendant’s negligence is 20%. Therefore, the Defendant is obligated to pay the Plaintiff the indemnity amount of KRW 206,410 (i.e., KRW 1,032,070 x 20%) and the damages for delay thereof. (ii) The instant accident occurred when the Plaintiff’s vehicle was left late from the front to the front, as the Defendant’s vehicle entered the front, and the Plaintiff’s vehicle was caused by one’s negligence.

B. According to the following circumstances, the driver of a vehicle who intends to enter an intersection where traffic is not controlled, in addition to the above facts of recognition, falls under the intersection where the traffic is not controlled, or the driver of a vehicle who intends to drive a vehicle into an intersection where traffic is not controlled, shall slow down if the width of the intersection is wider than that of the road where the vehicle is passing, and when there are other vehicles who intend to drive a vehicle into the intersection where the width is wider than that of the road where the vehicle is passing, the vehicle shall yield the course to the intersection and make a left turn to the left at the intersection where the traffic is not controlled.

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