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(영문) 서울중앙지방법원 2020.10.14 2020나5357
구상금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. At the time of the occurrence of the basic fact-finding accident, the insured vehicle in the condition of the collision between the Defendant (hereinafter “Defendant vehicle”) at the time of the insured vehicle CD D D Construction Guidance Vehicle on November 19, 2018 at the port of port and port on November 19, 2018 at the time of the occurrence of the basic fact-finding accident, in order to guide the construction work at the site of the first earthquake recovery among the two lanes, the insured vehicle (hereinafter “Plaintiff vehicle”) stops at the first vehicle in one way, and the insured vehicle (hereinafter “Plaintiff vehicle”) paid the insurance proceeds for the rear collision (hereinafter “instant accident”) of the Defendant vehicle on November 28, 2018 as the front part of the Plaintiff vehicle in one way. The following reasons are as follows.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence Nos. 1 through 7 (including each number, hereinafter the same shall apply), Eul evidence Nos. 1 through 8, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The instant accident, as well as the Plaintiff’s vehicle’s fault, resulted in competition between the Defendant’s vehicle and the Defendant’s vehicle’s fault at the construction section without installing safety signs, and without posting signal numbers. In the instant accident, the negligence between the Plaintiff’s vehicle and the Defendant’s vehicle should be recognized as 50%, respectively, and at least 10% of the negligence between the Defendant’s vehicle and the Defendant’s vehicle should be recognized as identical with the judgment of the first instance court. (2) The instant accident occurred from the primary fault of the straight line, which did not interfere with the night duty of the front stop.

B. Article 66 of the Road Traffic Act 1 as to the negligence of an expressway or motorway passes at a rapid speed, and thus, it is necessary to prevent another drilling accident in advance by giving a prior notice of its urgency from a distance to a prior point of time to reduce its speed.

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