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(영문) 대구지방법원 2018.01.24 2017나4650
손해배상(기)
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. Facts of recognition;

A. The Plaintiff is the owner of CWz C220 Passenger Vehicles (hereinafter “Plaintiff”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract for DM5 Passenger Vehicles (hereinafter “Defendant Vehicles”).

B. On November 12, 2016, around 18:38, a traffic accident involving the collision between the front part of the Plaintiff’s vehicle entering the instant intersection and the front part of the vehicle, when the front part of the lower part of the lower part of the lower part of the lower part of the Plaintiff’s vehicle entering the instant intersection, which entered the right right side of the Plaintiff’s vehicle, entered the instant intersection (hereinafter “instant accident”).

[Ground of recognition] Facts without dispute, Gap's 1, 2, 3, 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is an accident in which the Defendant’s vehicle entered the instant intersection after entering the Plaintiff’s vehicle after entering each of the instant intersections where the width of the lane is the same, and thus, the Defendant’s vehicle is liable for the occurrence of the electric accident to the Defendant vehicle.

B. The Defendant’s assertion that the instant accident occurred due to the Plaintiff’s failure to yield the course to the Defendant’s vehicle seeking access to the instant intersection from the right side on the left side, and thus, the Plaintiff is liable for at least 70% of the instant accident to the Plaintiff.

3. Determination

(a) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where the occurrence of liability for damages and the control of traffic are not performed shall yield the course to other motor vehicles, when other motor vehicles are already traveling through the intersection (Article 26 (1) of the Road Traffic Act). If the width of the intersection is wider than that of the road where his/her motor vehicles are traveling, the motor vehicle shall slowly drive the motor vehicle, and if other motor vehicles are willing to drive a motor vehicle into the intersection with a wide width, the driver shall yield

(2) of the same section, at the same time as the intersection.

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