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(영문) 서울남부지방법원 2016.11.24 2015가단56257
손해배상(자)
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant), the Plaintiff (Counterclaim Defendant), the Plaintiff (Counterclaim Defendant), the Plaintiff (Counterclaim Defendant), and the Plaintiff (Counterclaim Defendant) C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Around 14:45 on May 24, 2015, E driven a Vietnamed vehicle (F) and met with a rocketing vehicle (G) in the direction of both sides of the Gangwon-do, entering the Manyang-gun bus bus stops near the Man-gun bus stops in writing and making a left-hand turn from the Man-gun to the limit on the side of the Man-do-type bus stops.

(hereinafter “instant traffic accident”). B.

As a result of the instant traffic accident, the vehicle driven by E was in conflict with the front part of the rocketing motor vehicle and transferred to the left-hand side on the opposite side of the road. The rocketing motor vehicle collisioned with the vehicle driven by E, and then the two collisions with the Grand Rober (H) that was directly engaged in on the opposite part of E-driving road beyond the center line as is, after the collision with the vehicle driven by E-motor vehicle.

C. E returned to the hospital immediately after the instant traffic accident, but died of diversal trauma on the day.

(hereinafter referred to as "the deceased"). [The grounds for recognition: Gap evidence 1-1, 2-2, and 2-2; the purport of the whole pleadings]

2. The parties' assertion

A. Taking into account the fact that the plaintiffs' rocketing vehicles entered the instant intersection without reducing or temporarily stopping the speed by leaving the slope of the way from the breadth toward the breadth on the side of the breadth, the instant traffic accident is caused by the negligence of the rocketing vehicles seeking to pass through the instant intersection in violation of Articles 26 and 31 of the Road Traffic Act, as it is, by 80% or more.

B. Considering the fact that the Defendant Deceased’s vehicle was driven along the median line from before the arrival of the instant intersection, the stop line was marked on the road surface of the instant intersection, and attempted to turn to the left without temporarily suspending despite the operation of yellow flashing signal, etc., the instant traffic accident is unilateral of the Deceased who attempted to turn to the left, in violation of Articles 25 and 26 of the Road Traffic Act.

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