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(영문) 서울동부지방법원 2020.11.04 2020나27411 (1)
손해배상(자)
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

1...

Reasons

The reasoning of the judgment of the court of first instance is as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiffs stressed or added in this court, and thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

The Defendant asserted the additional determination of the Plaintiffs could have discovered the deceased vehicle in advance at the time of the instant accident, and could sufficiently avoid the instant accident if the Defendant passed the intersection in compliance with the central line or the left or right-hand turn turn turn.

Nevertheless, since the defendant neglected this and operated the defendant's vehicle, the accident of this case occurred, the defendant is negligent in the above accident.

B. The following circumstances revealed in addition to the purport of the entire arguments as to the above evidence: (i) Defendant vehicles did not violate the signal at the time of the instant accident because the main direction signal at the time of passing the stop line in front of the intersection was the green, etc.; (ii) Defendant vehicles did not violate the signal at the time of the instant accident; and (iii) Defendant vehicles, etc., at least 6 seconds at the time of the instant accident, were in the state of at least 6 seconds, so the foregoing green etc. should have promptly left the left-hand turn; (iv) Defendant vehicles, who are not aware of the change at any time, were in a direct direction as soon as 20 km or longer than the restricted speed in violation of the signal in the opposite direction. As Defendant vehicles discovered the deceased vehicles, it seems difficult for Defendant vehicles to avoid the deceased vehicles by immediately making a turn-hand turn, and (iii) Defendant vehicles could have conflict with the vehicle behind or left-hand turn in the direction of the left-hand turn in the process of the left-hand turn.

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