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(영문) 서울중앙지방법원 2020.10.16 2020나18803
구상금
Text

Of the judgment of the first instance, the part against the plaintiff corresponding to the amount of payment order shall be revoked.

Reasons

1. The circumstances leading up to the instant accident are as follows.

On January 30, 2019, January 30, 2019, at the time of the accident, the insured vehicle CD of the Plaintiff insured vehicle, and around 15:32 on January 30, 2019, at the time of the accident, in the situation of the collision with the private-distance intersection (hereinafter “instant intersection”) by the Plaintiff vehicle, which is located on the right side of the Plaintiff vehicle, at the right side of the instant intersection, conflict with the lower part of the Defendant vehicle’s right side moving toward the instant intersection on the right side of the Plaintiff vehicle. The payment of the insurance money amount of the insurance money amount of KRW 2,046,880, KRW 200,00 on February 28, 2019 [based on recognition], there is no dispute, the entry in subparagraphs 1 through 3, 5 through 7, 8, and subparagraph 1 or the purport of the entire pleadings and arguments as a whole.

2. The parties' assertion

A. The accident of this case occurred at the wind that the driver of the vehicle passing along the right side of the plaintiff vehicle has a preferential right to pass along the plaintiff vehicle passing along the right side without temporarily stopping, and the accident of this case occurred due to the main fault of the driver of the defendant vehicle.

B. The instant accident occurred due to the principal negligence of the Plaintiff’s driver, since the Defendant’s vehicle was advanced to the instant intersection, the preferential right to passage is in the Defendant vehicle, and the Plaintiff’s vehicle did not temporarily stop or walk in front of the instant intersection.

3. Determination

A. The facts acknowledged by the above basic facts and the evidence admitted as above, namely, the Defendant’s vehicle’s entry prior to the instant intersection, but such entry at the rapid speed without driving or temporary suspension prior to the instant intersection.

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