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(영문) 서울중앙지방법원 2020.05.01 2019나48709
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

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

At the time of the accident, the insured vehicle CD on August 22, 2018 at the time of the accident, when the vehicle in the situation of the collision with the 863-distance intersection at the time of the time of the accident, the vehicle passes through the intersection by two lanes among the two-lanes road at the 3-distance intersection at which the above location is not signal apparatus, while entering the intersection by the defendant vehicle from the left side of the vehicle at the right side of the driving direction of the plaintiff vehicle to the same direction as the vehicle of the plaintiff, and entered the two-lanes as the vehicle of the plaintiff vehicle. On August 30, 2018, the part of the plaintiff vehicle's left side was shocked. The payment of the insurance money was 1,601,00,000 won (based on recognition / [including each number in cases where there is a serial number] under subparagraphs 1 through 8, 1 through 3 (including each number), and the purport of the entire oral proceedings as a whole.

2. The parties’ assertion asserts that the instant accident occurred from the total negligence of Defendant 1, who attempted to turn back to the intersection in an abnormal manner.

As to this, the defendant asserts that the negligence of the plaintiff vehicle passing through the intersection is very serious without finding the appearance of the defendant vehicle entering the intersection from the left side to the intersection and taking measures such as speed reduction.

3. Determination

A. According to the facts found in the above basic facts and each of the above evidence, the accident site of this case is an intersection where traffic is not controlled. The defendant vehicle seeking to enter the road is a plane without the traffic control, and the vehicle of this case must check the plaintiff vehicle on the road and slowly drive the vehicle in the situation where the plaintiff vehicle is already underway, and the vehicle of this case should yield the course to the plaintiff vehicle. However, the accident of this case goes into the intersection without taking such measures, and the defendant vehicle is in contact with the two-lane where the plaintiff vehicle was in progress.

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