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(영문) 서울중앙지방법원 2021.01.13 2020나51251
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

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

Reasons

1. At the time of the instant accident, the Plaintiff’s Defendant’s vehicle CD temporary 14:50 on December 20, 2018 at the time of the instant accident, and the Plaintiff’s vehicle faces a non-protection left-hand turn on the part of the Defendant’s vehicle and its father who passed the said crossing in accordance with the straight line at the location of the Kimpo-si at the point of the Kimpo-si, Kimpo-si, the place of which around 14:50 on December 20, 2018. The purport of the entire pleadings is as follows: (a) there is no dispute over the amount calculated by deducting KRW 500,00 from the total repair cost of KRW 15,972,00 (the repair cost of the Plaintiff’s vehicle) at KRW 15,972,00,000 on the day of the payment of the insurance proceeds covered by his/her own secured vehicle’s insurance proceeds [applicable]; (b) there is any number or image number stated in subparagraphs 1 through 8, and 1 through 4 (including any number number).

2. Determination

A. In full view of the following facts and circumstances revealed by comprehensively taking account of the overall purport of the arguments as a whole, it is reasonable to view the instant accident as co-existence and loss of the driver of the original Defendant vehicle, and the percentage of negligence is 20% of the driver of the Plaintiff vehicle and 80% of the driver of the Defendant vehicle.

(1) The driver of a vehicle who makes a left-hand turn at an intersection where a non-protective left-hand turn is permitted shall make the left-hand turn late so as not to obstruct the vehicle coming from the opposite side (attached Table 6 II 3. of the Enforcement Rule of the Road Traffic Act).

B. Serial No. 329) The accident place is where the left turn is allowed, but at this point, the driver of the defendant vehicle has a duty to turn left safely so as not to obstruct the passage of the plaintiff vehicle with the priority, and thus, the driver of the defendant vehicle has a duty to turn left safely but has neglected the duty to turn to the left and did not turn to the left, and it is found that the driver of the defendant vehicle has been negligent by failing to properly look at the movement of the plaintiff vehicle entering the intersection from the front side to the intersection, and the driver's negligence on the part of the defendant vehicle is recognized as the main cause of the accident in this case.

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