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(영문) 서울중앙지방법원 2018.11.27 2018나58891

구상금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The circumstances leading up to the instant accident are as follows.

At the time of the accident, on January 24, 2018 at the time of the insured vehicle A (Foos) B (B) of the insured vehicle for the Plaintiff insured vehicle at the time of the accident, the insured vehicle for the Plaintiff (hereinafter “Plaintiff”) waiting for the left-hand turn at the front of the apartment market in front of the apartment market at the pressure of Gangnam-gu Seoul, Seoul, for the left-hand turn, the right-hand turn of the insured vehicle for the Defendant insured vehicle at the front of the apartment market at the time of the accident, and the right-hand turn turn left-hand turn at the front of the apartment market at the time of the accident, the lower part of the insured vehicle for the Defendant insured vehicle (hereinafter “Defendant vehicle”) was 797,00,00 won paid for the shock insurance money to the right-hand hand of the Plaintiff vehicle 20,00 won [based on recognition], there is no dispute, Gap 1 through 6,8 through 10 evidence, Eul 1 through 3, and the purport of the whole pleadings and arguments as a whole.

2. The Plaintiff asserts that the instant accident occurred due to the unilateral negligence of the driver of the Defendant vehicle who entered the intersection and proceeded to turn to the left, even though the Plaintiff’s vehicle first arrived at the intersection and stopped and left the left, and then the Plaintiff sought the full amount of the insurance money paid by the Plaintiff and the damages for delay from the day following the final payment date.

The driver of any motor vehicle who intends to drive the motor vehicle into the intersection in which traffic is not controlled, shall yield the course to other motor vehicles, when there is another motor vehicle already entering the intersection.

(Article 26 (1) of the Road Traffic Act). In addition, the driver of a vehicle who intends to enter an intersection where traffic is not controlled shall yield the right of way to the other side of the road.

(3) On the other hand, the driver of any motor vehicle shall not impede the passage of other motor vehicles when intending to enter the intersection where a safety sign indicating a temporary suspension or concession is installed without traffic control.