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(영문) 서울중앙지방법원 2017.01.25 2016나62025
구상금
Text

1. Of the judgment of the court of first instance, the defendant shall pay to the plaintiff KRW 3,656,00 as well as to the amount from March 14, 2015 to January 25, 2017.

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. On March 7, 2015, around 7:17, the Plaintiff’s vehicle: (a) had an accident where the Defendant’s vehicle moving bypass to D in the direction direction from the direction of tin-distance while driving the front intersection of D, located in Dong-gu, Dong-gu, Chungcheongnam-gu, Yan-gu, Incheon, to the direction D from the direction of E, caused an accident where the Defendant’s vehicle moving bypass to D (hereinafter “instant accident”).

C. After the instant accident, the Plaintiff’s vehicle stopped about 10 meters, and turned back to the direction of driving and the opposite direction, and stopped after shocking to the direction of driving. D.

The Plaintiff’s vehicle was scrapped due to the instant accident, and the Plaintiff paid KRW 9,820,000 to the Plaintiff’s vehicle by March 13, 2015, and returned KRW 680,000 for the remaining value.

2. The Plaintiff’s assertion that the instant accident is an accident that occurred due to the former negligence of Defendant 1, who neglected the duty of safety verification while proceeding along the intersection in accordance with the direct line of the Plaintiff’s vehicle, and attempted to make a right-hand, and sought reimbursement for the amount of KRW 9,140,00 for indemnity ( KRW 9,820,000 - 680,000) and damages for delay.

In regard to this, the Defendant asserted that the instant accident was not at all negligent for the Defendant’s driver, since the Plaintiff’s vehicle was trying to pass the intersection on the red signal in an unreasonable manner.

3. As seen earlier, the instant accident is a shock accident between the Plaintiff’s vehicle that was going straight along the intersection and the Defendant’s vehicle that was traveling along the direction of the Plaintiff’s vehicle by entering the intersection. According to the images of the evidence Nos. 3, Nos. 4 and 5, the part on the right side of the Plaintiff’s vehicle directly contacted with the Defendant’s vehicle is divided and the degree of the defect is insignificant, while the Plaintiff’s vehicle is the instant case.

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