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(영문) 서울중앙지방법원 2019.07.17 2019나21018

구상금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. At the time of the instant accident, at around 9:10 on April 18, 2018 at the time of the instant accident, the Plaintiff’s vehicle, in the situation of the collision to the intersection in front of the F cafeteria located in Yangsan-si, Yangsan-si, at the location of the Plaintiff’s insurance relationship, was driving at the intersection in front of the F cafeteria, Samsung five-lane, at the right side of the west side of the Samsung five-lane, and the Defendant’s vehicle was driving at the intersection in front of the F cafeteria. At the time of the instant accident, the Defendant’s vehicle was driving at the right side of the Plaintiff’s vehicle’s driving direction, facing the first road of the direction of the Plaintiff’s driving, facing Samsung 7-lane, and passes through the said intersection. However, the lower part of the Plaintiff’s vehicle’s front part of the vehicle’s driving in the intersection and the lower part of the Defendant’s front part of the Defendant’s vehicle’s repair cost, and the Plaintiff’s insurance money payment amounting KRW 60124,50%

5. Defendant: The fact that no dispute exists over April 27, 2018 through April 30, 2018 (based on recognition), Gap evidence and evidence set forth in subparagraphs 1 through 8, Eul evidence and the purport of the whole pleadings;

2. The driver of any motor vehicle who intends to drive a motor vehicle into the intersection in which the traffic ratio of negligence is not controlled shall yield the right of way to other motor vehicles, when other motor vehicles are already traveling the intersection;

(Article 26(1) of the Road Traffic Act. The driver of any motor vehicle who intends to drive a motor vehicle into an intersection in which traffic is not controlled, shall slowly drive the motor vehicle, if the width of the intersection is wider than that of the road on which the motor vehicle is traveling, and if there is another motor vehicle who intends to drive a motor vehicle into the intersection in which the width is wider than that of the road,

(2) The driver of any motor vehicle who intends to enter the intersection where traffic is not controlled shall yield the right of way to the motor vehicle on the right side.

(3) The above facts of recognition and the following facts acknowledged by the evidence mentioned above, namely, ① the instant accident by signal, etc.