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(영문) 서울중앙지방법원 2019.01.29 2018나17036
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

On September 12, 2016, at around 17:23, E Licensed Real Estate Agents located in Seoul D.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The occurrence of liability for damages and the grounds for this part of the claim by the parties are as follows, given that the reasons for this part of the claim are the reasons set forth in Articles 1 and 20 of the Civil Procedure Act, except for the following additions, this part shall be cited as they are.

“The instant accident occurred because the Defendant, who had the right of priority (the right side of the road in width, entered the intersection) in the location of the instant accident, an intersection without traffic control, had a safe access to the intersection while making a stop immediately after finding any danger, but the Plaintiff proceeded at a rapid speed. As such, the instant accident occurred due to the Plaintiff’s unilateral negligence, or even if the Defendant’s negligence was concurrent.

Even if it is 10%, it is asserted that it is only 10%.

The driver of a motor vehicle has a duty of care to safely enter and pass the intersection by checking well the right and the right and the right and the right of the motor vehicle while driving at a slow speed where the motor vehicle temporarily stops or stops at the intersection where the traffic is heavy, regardless of the order of priority in passage, in which the traffic is not controlled, or it is difficult to confirm the right and the right and the right of the motor vehicle.

(2) In light of the above evidence and facts, the crossing, which is the place where the instant accident occurred, is one where the traffic of vehicles and people is concentrated. Since the vehicles are increased in the direction of the Licensed Real Estate Agent Office, the vehicle’s right-hand side is not properly seen in the direction of the Plaintiff, and the road situation on the left-hand side where the vehicle was driven by the Plaintiff was not properly seen in the direction of the vehicle. In light of the fact that the road situation on the left-hand side where the vehicle was driven by the Plaintiff in the direction of the vehicle, the vehicle appears to have entered the intersection of a little degree, but the difference is very weak.

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