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(영문) 서울중앙지방법원 2019.07.26 2018나58754
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are all borne by the Defendant, including those resulting from the supplementary participation.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has concluded a comprehensive automobile insurance contract with respect to D vehicles (hereinafter “Plaintiff”). The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to E-wheeled Vehicles (hereinafter “Defendant”).

B. On August 26, 2017, around 10:15, the Plaintiff’s vehicle entered a two-lane road into the green signal using a shooting distance range from the Cheongcheon-ro, Cheongcheon-dong, Dongdaemun-gu, Seoul to the 4rd intersection of the 16th intersection of the Jungcheon-do. On the opposite side, the vehicle stopped in the intersection with the relation of the non-protection line.

Since then, the intersection signal, etc. changed to yellow signal, and the vehicles passing through the non-protective Zone, the Plaintiff’s vehicle used to leave the intersection. The Defendant’s vehicle entered the right-hand right-hand side of the road into the green signal intersection on the fourth-lane road (the exclusive lane prior to the right-hand side) and during that process, there was an accident in which the front part of the Defendant’s vehicle would compromise the right-hand side of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On September 22, 2017, the Plaintiff paid insurance proceeds of KRW 860,480 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap's 1 through 3, 5, 6 evidence, Eul's 1, 3 through 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion (1) The Plaintiff’s driver entered the instant intersection in Green Shin, and the instant accident was caused by the Defendant’s total fault of the Defendant’s driver, who was forced to go straightly in violation of the duty to stop on the right-hand exclusive road.

Therefore, the defendant, who is the insurer of the defendant vehicle, is obligated to pay 860,480 won and damages for delay paid by the plaintiff to the plaintiff pursuant to Article 682 of the Commercial Act.

(2) The instant accident of this case involving the Defendant is carried out on the frontline by the vehicle in a non-protective line.

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