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(영문) 서울중앙지방법원 2019.11.29 2019나36751
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. The circumstances leading up to the instant accident are as follows.

On September 17, 2018, Sep. 15, 2018, at the time of the accident, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, and around September 17:15, 2018, the insured vehicle of the Plaintiff was in conflict with the private distance intersection in front of the 0000 00 00 00 00 00 00 00 00 00 00 . 7 . 1 through 3 200 . 7 . 1 (including each number, each item, each item, each item, subparagraph 1 through 3 . . 1 through 3) while the vehicle in the situation of the collision was directly in front of the 119 20 . 0 . 00 . 0 . 23, 2018 . .

2. The assertion and judgment

A. (i) In the case of the instant accident that occurred through the intersection in which the Plaintiff’s assertion is not controlled by traffic, the Defendant’s vehicle seeking to enter the instant intersection from a narrow channel is obliged to enter the intersection after making a good look at whether the Plaintiff’s vehicle is going slowly and safely passing through the intersection.

Nevertheless, the accident of this case occurred because the defendant vehicle without reducing speed in violation of such duty of care, and the accident of this case occurred. Thus, the accident of this case is entirely caused by the negligence of the defendant vehicle.

B. At the time of the instant accident, the Defendant’s vehicle was driven along to check that there was no other vehicle in the intersection, and then entered the intersection. However, the instant accident occurred as the Plaintiff’s vehicle did not go slowly and continued to enter the intersection.

Therefore, the instant accident is entirely caused by the negligence of the Plaintiff’s vehicle.

B. (1) Determination on the (i) percentage of fault.

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