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(영문) 전주지방법원 2016.10.21 2015가단24524
손해배상(자)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

On September 2, 2014, on September 2, 2014, the Plaintiff was driving Oral Ba (C; hereinafter “Plaintiff Oral Ba”) to deliver Oral Dokin, and the Plaintiff was making a left-hand turn to the direction of the complete library in the direction of the complete library in the direction of the complete library in the direction of the complete library, 1 of the complete mountain-dong 1 of the front city at the time of the front city.

However, the Defendant, who was on the opposite part, driven a van (D; hereinafter “Defendant vehicle”) and caused the Plaintiff’s side portion to the right side of the Defendant vehicle due to negligence on the front side of the Defendant vehicle, while neglecting the front side of the vehicle.

(A) Evidence Nos. 1-1, 2, 3, and the above accident (hereinafter referred to as “instant accident”). According to the fact of recognition of liability, the Defendant is liable for damages sustained by the Plaintiff due to the instant accident due to Article 3 of the Guarantee of Automobile Accident Compensation Act or tort.

Article 26 (1) of the Road Traffic Act provides that "the driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the course to another motor vehicle when the other motor vehicle is already traveling through the intersection," and Article 26 (2) of the Road Traffic Act provides that "the driver of any motor vehicle who intends to make a left-hand turn to the right at the intersection where traffic is not controlled shall yield the course to another motor vehicle, when any other motor vehicle intends to proceed straight through or make a right-hand turn

The Plaintiff was the Plaintiff’s owner who had entered the instant accident site rather than the Defendant’s vehicle. However, it is insufficient to recognize the Plaintiff’s entry of No. 1-3, No. 2-1, and No. 2 by itself.

Thus, the accident site of this case is an intersection where traffic is not controlled, and it is deemed that the plaintiff has a duty to yield the course to the defendant's vehicle directly employed in order to turn to the left.

Nevertheless, the Plaintiff was negligent in driving in breach of the above duty.

On the other hand, the Plaintiff.

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