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(영문) 수원지방법원 2020.06.09 2019나74607
구상금
Text

The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport:

Reasons

1. Facts of recognition;

A. On November 13, 2018, D-owned vehicles that entered into an automobile insurance contract with the Plaintiff (hereinafter “Plaintiff-owned vehicles”) came into contact with F-owned vehicles that entered into an automobile insurance contract with the Defendant (hereinafter “Defendant-owned vehicles”) while making a left-hand turn at the distance near the area E-gu in the Sungnam-gu, Sungnam-si (hereinafter “instant accident”).

B. The Plaintiff paid KRW 1,307,500 at the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties' assertion argues that the accident in this case occurred both the negligence of the plaintiff's vehicle and the negligence of the defendant's vehicle. In particular, since the defendant's vehicle did not perform its duty to temporarily stop and slowly at the intersection, the ratio of the negligence reaches 40%, it shall be deemed that the ratio of the negligence reaches 523,000 won (=1,307,50 won x 40%) and damages for delay paid by the plaintiff to the plaintiff.

In regard to this, the defendant asserts that, although the defendant vehicle was in direct progress as it was, even though the defendant vehicle entered the intersection, the plaintiff vehicle entered the intersection without fault and shocked the rear part of the defendant vehicle, there is no negligence on the defendant vehicle.

B. In full view of the following circumstances, comprehensively taking account of the above evidence and the images of Gap evidence Nos. 4, 5, and Eul evidence Nos. 4, 5, and 4 and 5, the accident in this case occurred both the negligence of the plaintiff vehicle and the negligence of the defendant vehicle, and it is reasonable to view that the negligence ratio is 70% of the plaintiff vehicle and 30% of the defendant vehicle.

1. The driver of any motor vehicle who intends to make a left turn at an intersection where traffic is not controlled by the driver's fault signal, etc., shall be the Road Traffic Act when another motor vehicle intends to proceed straight through or make a right turn to the intersection.

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