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(영문) 서울남부지방법원 2018.11.09 2018나55140
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 concluded an automobile insurance contract with B-owned vehicles (hereinafter “Plaintiff-owned vehicles”) and the Defendant is the insurer who has concluded the automobile insurance contract with C-owned vehicles (hereinafter “Defendant-owned vehicles”).

B. On April 16, 2017, around 12:23, the Defendant’s vehicle, who was driven in the direction of a string in the direction of a string in the steel direction as shown in the attached Table on the site map of the accident site at the private-distance intersection in which no nearby signal is sent in the vicinity of the Haban-gun, Haban-gun, Haban-gun on April 16, 2017, entered the same as it did not walk and temporarily stop, and there was an accident where the front back part of the Plaintiff’s vehicle driven in the direction of a hringer in the direction of the hringer-do (hereinafter

C. On April 28, 2017, the Plaintiff paid KRW 1,889,400 for the repair cost of the Plaintiff’s vehicle due to the instant accident.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the instant accident occurred due to the total negligence of the Defendant’s driver who driven the Plaintiff’s vehicle normally while driving at the speed without going through and temporarily stopping at the intersection. Therefore, the Defendant shall pay the Plaintiff the repair cost of the Plaintiff’s vehicle 1,889,400 won and delay damages.

B. (1) Article 31(1)1 and (2)1 of the Road Traffic Act provide that “The driver of any motor vehicle shall slowly drive the motor vehicle at an intersection in which traffic is not controlled, and shall temporarily stop at the intersection in which traffic is not controlled, but it is impossible to confirm the left and the right or the right or the traffic is frequent.”

In light of the circumstances surrounding the instant accident and the location of each vehicle known by the evidence mentioned above, the instant accident is not under traffic control.

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