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(영문) 서울중앙지방법원 2019.11.29 2019나37419
구상금
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. At the time of the occurrence of the instant accident, the Plaintiff’s vehicle (1 ton cargo truck) at the time of the collision with the Defendant’s vehicle (45 large-scale buses) going to the left at the right side of the Plaintiff’s front and the Defendant’s vehicle at around 08:40 on July 2, 2018 at the time of the occurrence of the instant accident. The instant accident caused the damage to the Defendant’s vehicle’s front and the Defendant’s right side side of the vehicle. The payment of the insurance money was destroyed. The remainder of the return amount of KRW 1,514,500 on July 12, 2018, because the Plaintiff’s vehicle (1 ton truck) went to the intersection at the time of the collision with the traffic signal at the time of the traffic signal. The accident in this case is not a 1,514,500 won on the back of July 12, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 10, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. In light of the following circumstances, the evidence as mentioned above, which are the two-lanes of the road where the intersection of this case is located, i.e., the road where the intersection of this case was located, and the Plaintiff’s vehicle was passing through the intersection of this case at a normal speed by using the two-lanes according to the traffic signals, and ii) the Defendant’s driver attempted to turn to the left at the left or right-hand turn, the vehicle stopped at the intersection of this case and attempted to turn to the left-hand turn without making a turn to the left-hand turn after considering the situation of the opposite lane (lane of the Plaintiff’s vehicle), and the accident of this case in conflict with the Plaintiff’s vehicle which was directly driven in the process, it is reasonable to deem that the accident of this case occurred due to the Defendant’s primary negligence.

B. However, the following circumstances, i.e., the Plaintiff’s vehicle, which are acknowledged as having comprehensively taken account of the overall purport of the pleadings.

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