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(영문) 서울중앙지방법원 2020.05.13 2019나78564
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. At the time of the instant accident, at around 22:52 on February 1, 2019, at the time of the instant accident, the Defendant’s vehicle, in the situation of the collision between the instant accident and D Bus D Bus crossing at the time of the instant accident, the Defendant’s vehicle entered the said private-distance intersection from the front of the Jinjin-gu E apartment at the front of the place prior to the place, by straighting the said private-distance intersection from the front to the front unit. However, the Plaintiff’s vehicle entered the said private-distance intersection to the front part of the Plaintiff’s vehicle with the front part of the instant accident (hereinafter “the instant accident”), and without any ground for the lower judgment, the Defendant vehicle’s payment amounted to 7,433,00 won (hereinafter “Plaintiff’s vehicle repair cost”), total repair cost of KRW 7,933,300 (the Plaintiff’s vehicle repair cost) and the insurance amount of KRW 500,000, 100,000).

2. Determination

A. The above facts and the evidence revealed as follows. ① The above distance intersection in which the accident of this case occurred is the intersection in which traffic control by signal, etc. is not carried out, and the road is the two-lane road in which the central line is installed, while the e apartment room road in which the plaintiff's vehicle proceeds from the G apartment room where the plaintiff's vehicle proceeds, can be viewed as the road where the plaintiff's vehicle proceeds as the one-lane road, and ② the road in which the plaintiff's vehicle proceeds as the passage can be seen as the lawsuit. Accordingly, the driver of the plaintiff's vehicle has the priority of passage on the plaintiff's vehicle where the defendant's vehicle operates as the traffic control by signal, etc., and the driver of the plaintiff's vehicle enters the above distance through the intersection where the F apartment unit is installed.

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