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(영문) 서울중앙지방법원 2019.09.05 2019나12601
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The circumstances leading to the instant accident are as follows.

On December 22, 2017, at the time of the accident, the insured vehicle of the Plaintiff (hereinafter referred to as the “Plaintiff”), the Defendant’s insured vehicle (hereinafter referred to as the “Defendant vehicle”) (hereinafter referred to as the “Defendant”), as of December 22, 2017 at the time of the accident, the respective entry and video of the Plaintiff’s insured vehicle (including the number of pages) Nos. 1, 2, 4 through 10, and 1, 22 and 2, and the purport of the entire pleadings, all of the arguments, as follows:

2. The assertion and judgment

A. The Plaintiff asserts that the instant accident occurred due to the Defendant vehicle’s access to the intersection at the latest, without continuous and temporary suspension, due to the Defendant vehicle’s unilateral negligence. The Plaintiff asserts that the entire amount of the insurance money paid by the Plaintiff is claimed.

As to this, the defendant's breadth of the road on which the defendant's vehicle was travelling.

From the standpoint of the plaintiff vehicle, the defendant vehicle is the right-hand road and the defendant vehicle has a preferential right-passing right-hand side, but the driver of the plaintiff vehicle did not go through the intersection and did not properly look at the intersection.

B. 1) The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled shall yield the right of way to other motor vehicles when other motor vehicles are already traveling into the intersection (Article 26(1) of the Road Traffic Act). In addition, when the driver of any motor vehicle intends to drive a motor vehicle into the intersection where the traffic is not controlled and safety signs indicating a temporary suspension or concession are installed, he/she shall temporarily stop or yield the motor vehicle so as not to impede the passage of other motor vehicles (Article 25(6) of the Road Traffic Act).

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