2019Na77516 Claims

A Stock Company

Law Firm Name (Attorney Park Jong-young, Counsel for the defendant-appellant)

B Stock Company

Attorney Domin-in, Counsel for the defendant-appellant

Seoul Central District Court Decision 2019 Ghana2380785 Decided November 13, 2019

March 25, 2020

April 8, 2020

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

The defendant shall pay to the plaintiff 18,324,950 won with 5% interest per annum from August 14, 2019 to the service date of a copy of the complaint, and 12% interest per annum from the next day to the day of complete payment.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Circumstances of the instant accident

A person shall be appointed.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-10, Eul evidence 1-6 or video, the purport of the whole pleadings

2. Determination

In light of the following circumstances, it is reasonable to view that the instant accident occurred by the negligence of the Defendant’s driver.

① The instant accident place is an intersection where traffic is not controlled, and a relatively narrow road width and a vehicle is parked along both sides of the road. At the time, the Plaintiff’s driver was the first entrance to the intersection while driving slowly, and thus, the Defendant’s driver, as the driver of the vehicle, should yield the course to the Plaintiff’s vehicle (Article 26(1) of the Road Traffic Act). However, the instant accident occurred while entering the intersection at a very rapid speed.

② The Defendant asserts that the Defendant has preferential right to passage on the Defendant’s vehicle in accordance with Article 26(2) and (3)1 of the Road Traffic Act. However, the Defendant’s right to passage on the part of the Defendant’s vehicle prior to the arrival of the intersection does not seem to have been so far as the width of the Defendant’s vehicle is considerably wider than that of the Plaintiff’s vehicle, and as the Plaintiff, the Plaintiff, and the vehicle entered the intersection prior to the Defendant’s vehicle, it cannot be deemed that there is preferential right to passage on the Defendant vehicle.

(3) It cannot be deemed that the driver of the Plaintiff’s vehicle, who had entered the intersection at the time, is obliged to take measures to avoid the entry of the Defendant vehicle at a very rapid speed from the right side and is anticipated to do so.

3. Conclusion

The Defendant is obligated to pay to the Plaintiff the amount of KRW 18,324,950 as well as damages for delay calculated by 5% per annum under the Civil Act from August 14, 2019 to September 23, 2019, the delivery date of a copy of the complaint from August 14, 2019, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

The plaintiff's claim is justified. The judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed.

The presiding judge's position

Judges Cho Jong-chul

Judges Eather

(i) Article 26 (Yielding Driving at Intersection Where Traffic Is Not Controlled);

(2) The driver of any motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not controlled, shall slowly drive the motor vehicle, if the width of the intersection is wider than that of the road on which the motor vehicle is traveling, and when any other motor vehicle intends to drive a motor vehicle into the intersection from a road with a wide width, he/she shall yield the right

(3) The driver of any motor vehicle who intends to enter an intersection where traffic is not controlled shall yield the right of way to the motor vehicle on the right side.