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(영문) 서울중앙지방법원 2015.12.24 2015나9218
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

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to the Plaintiff’s vehicle A (hereinafter “Plaintiff’s vehicle”), and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the freight B (hereinafter “Defendant’s vehicle”).

B. On April 9, 2014, at around 11:45, the Plaintiff’s vehicle was passing along the intersection without any signal apparatus located in the Yaeng-gun of Gyeonggi-gu, Gaeng-gun, by straighting along one lane among the one-lanes, and received the said intersection from the right side of the Defendant’s vehicle running along the two-lanes along the left side of the two-lanes from the right side of the Defendant’s vehicle driving ahead of the two-lanes in the left side of the two-lanes.

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

On May 2, 2014, the Plaintiff paid KRW 8,000,000 as insurance money for the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] A without dispute, photographs of Gap evidence 2, Eul evidence 4 and 5, Gap evidence 3, the purport of the whole pleadings

2. The plaintiff asserted that the accident of this case was caused exclusively by the negligence of the driver of the defendant vehicle, since the accident of this case was caused exclusively by the defendant vehicle's negligence, considering that the defendant vehicle, who entered the intersection in the speed of overwork, did not have a straight lane.

3. All vehicles intending to enter an intersection in which the traffic control is not performed, if the width of the intersection is wider than that of the road on which the said vehicle passes, shall first pass along, and if there is any such vehicle, then, by examining well whether there is a vehicle intending to enter the intersection in which the width is wider than that of the road on which the said vehicle passes, and if there is such vehicle, they shall yield the course to the said vehicle, and even if it is possible to enter the intersection first after arrival at the intersection in time, it shall not pass ahead of the vehicle intending to enter the intersection in which

(see, e.g., Supreme Court Decision 99Da21264, Aug. 24, 1999). In this regard, the part of the collision between the two vehicles is the defendant.

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