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(영문) 서울중앙지방법원 2020.01.08 2019나49467
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. At the time of the instant accident, at the location of August 7, 2018, 00:35, at the time of the instant accident, the Plaintiff’s vehicle operating along the designated intersection to turn to the right from the front intersection on the yellow signal to the front intersection in order to turn to the front intersection, in violation of the signal, at the location of the crossing of the 3 new intersection in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. However, the Defendant’s vehicle also entered the said intersection to turn to the right from the front intersection on the yellow signal in the direction of the new intersection on the front intersection in the direction of the front intersection in violation of the signal, and by negligence going beyond the designated lane beyond the safety zone and going to the left the front part of the Defendant’s vehicle, the Defendant’s vehicle is liable to pay the Plaintiff’s driver for the repair charge.

The fact that there is no dispute over August 29, 2018 (based on the basis of recognition), Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Determination

A. The following circumstances acknowledged pursuant to the evidence above, the driver of the Defendant’s vehicle entered the said new school intersection in violation of the signal, and the instant accident occurred due to the mistake of getting out of the designated lane beyond the safety zone, and thus, the error by the driver of the Defendant’s vehicle appears to have major reasons for the occurrence of the instant accident.

However, in light of the following circumstances: (a) the Plaintiff’s driver, as a driver of the vehicle, committed an error by entering the yellow signal at night in contravention of the signal at the same time, and the Defendant’s driver’s negligence going beyond the designated lane and making it difficult to see the median line as the negligent negligence, it may be deemed that the said error was the cause of the instant accident.

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