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(영문) 부산지방법원 2019.09.25 2019나2954
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is referred to as the “Plaintiff-Motor vehicle of this case” operated by C.

the defendant is the defendant's vehicle of this case, "Fsi and below" operated by E.

It is a mutual aid business operator who has entered into a mutual aid agreement to compensate for the damage if the owner is liable for the damage caused by a traffic accident caused in the operation of each vehicle.

B. On October 22, 2018, the Plaintiff’s vehicle is the intersection located in the Seocho-dong, 127-10, Seo-gu, Busan, Seo-gu (hereinafter “instant accident location”) or the instant intersection.

) The Defendant’s vehicle proceeding from H to H to the direction of the center of the first place (the first place) of the Plaintiff’s vehicle (the first place) had the said intersection followed the left side of the Plaintiff’s vehicle by the front part, with the direction of the center of the first place (the first place) of the center of the Plaintiff.

hereinafter referred to as the "accident of this case"

(C) Meanwhile, the road in the direction of G company, where the Plaintiff’s vehicle is proceeding, has a width of 2.6 meters off, and the road in the direction of the community service center in the early place, where the Defendant’s vehicle is proceeding, is about 8.5 meters off. D. The Plaintiff paid a total of KRW 1,802,000 to January 18, 2018 as repair expenses, etc. for the Plaintiff’s vehicle. [Grounds for recognition]: the Plaintiff did not dispute; the Plaintiff’s statements or images, including each number, and the purport of the entire pleadings;

2. The location where the instant accident occurred;

A. The plaintiff's assertion that the plaintiff's vehicle entered the intersection first, and the defendant's vehicle should yield the course to the plaintiff's vehicle. The defendant's vehicle's failure and progress as it is, led to the shock of the plaintiff's vehicle. Thus, the defendant's liability for the accident is entirely against the defendant's vehicle. Accordingly, the defendant's vehicle is merely an abnormal direct position even if it is not allowed at the point where the accident occurred.

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