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(영문) 서울중앙지방법원 2017.07.27 2017나8615
구상금
Text

1. Of the judgment of the first instance court, KRW 7,176,692 against the Plaintiff and its related thereto, from June 1, 2016 to July 27, 2017.

Reasons

1. The reasons for this part of the underlying facts are as follows: (a) in addition to adding “agreement” to “65,903,560 won” in Part 4 of Part 3 of the judgment of the court of first instance, it is identical to the part “1. Basic Facts” in the reasoning of the judgment of the court of first instance; and (b) in accordance with the main sentence of Article 420 of the Civil Procedure Act, this part

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case occurred due to the negligence of both the plaintiff and the defendant's vehicle entering the intersection where yellow signal apparatus is installed without making a temporary stop without considering the traffic situation of the other party's lane. In light of the driving direction of the plaintiff's vehicle, the plaintiff's vehicle was difficult to confirm the defendant's vehicle on the road conditions, and the plaintiff's vehicle has priority for traffic with the right-hand vehicle, considering the fact that it was difficult for the plaintiff's vehicle to check the defendant's vehicle on the road conditions, and that the plaintiff's vehicle has priority for traffic with the right-hand vehicle, the error ratio of the plaintiff's vehicle and the defendant's vehicle should be equal.

In regard to this, the Defendant had confirmed at the time of the instant accident that the Defendant had no other vehicle in front of the intersection and had already entered the intersection. As such, the Plaintiff’s driver should have promised the course to the Defendant’s vehicle, but without any safety measures, caused the instant accident to cause the Plaintiff’s fault by neglecting the surface indication on the left left-hand line and making it unreasonable to enter. As such, the said accident is attributable to the Plaintiff’s total negligence.

B. In light of the above facts, the instant accident is within the intersection where the driver of the Plaintiff’s vehicle is installed with yellow flashing signal, etc., and the traffic conditions surrounding the intersection and the intersection are well taken place, while neglecting such duty of care and driving at the speed, without reducing or temporarily stopping the speed, while driving at the speed without temporarily stopping it.

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