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(영문) 서울중앙지방법원 2017.04.12 2016나62902
구상금
Text

1. Of the judgment of the court of first instance, the defendant 2,172,486 won to the plaintiff and 5% per annum from February 2, 2016 to April 12, 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. Around 13:00 on December 28, 2015, the Plaintiff’s vehicle was left left to the left at a prone distance without traffic signal near the Daejeon Pungdong-gu, Daejeon, and there was a traffic accident where the front part of the Defendant’s vehicle and the left part of the Plaintiff’s vehicle are shocked (hereinafter “instant accident”).

C. On February 1, 2016, the Plaintiff paid KRW 10,862,430 of the insurance money as the repair cost for Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and 6, or the purport of the whole pleadings

2. According to the statements and images set forth in Eul evidence No. 4 (including a serial number) and video, it is recognized that ① at the time of the accident in this case, the defendant vehicle was moving straight along one lane of the round-down four lanes, ② the plaintiff vehicle was entering a lane opposite to the defendant vehicle's running direction as the defendant vehicle was driving along by going through a small road and left-hand turn.

In full view of the above facts and the above facts, the accident of this case is deemed to have been caused by the negligence of the driver of the plaintiff vehicle, who did not yield the course to the defendant vehicle who is going through the intersection while entering the intersection by making a left-hand turn from the narrow side of the intersection where traffic is not controlled (see Article 26 (4) of the Road Traffic Act). On the other hand, the driver of the defendant vehicle is negligent in violating the duty to walk as a driver in the intersection where the driver of the vehicle is not under traffic control (see Article 31 of the Road Traffic Act).

In addition, considering the place where the instant accident occurred and all the circumstances at the time of the instant accident, etc. as revealed in the argument of the case.

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