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(영문) 서울중앙지방법원 2020.01.10 2019나42794
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. At the time of the occurrence of the basic fact-finding accident, the insured vehicle CD at the time of the occurrence of the accident, which is a fire engine in the situation of the collision with the road front of the 119 Safety Center located in the 2658 Daegu Suwon River-gu, Daegu River at around December 14, 2018 (hereinafter “the road in this case”), was dispatched to the 119 Safety Center in the village and passed through the road corresponding to the road in this case, while the vehicle in this case passed through the road in order to enter the road, the vehicle in this case was in conflict with the Defendant vehicle driving the one lane of this case while the vehicle in this case passed through the road in front of the road in this case, and due to the shock, the accident attributable to the other vehicles (E and F) located on the front side of the road in this case, 3,317,830 won (the vehicle in this case’s treatment expenses and the insurance proceeds paid to the Plaintiff’s vehicle in G and the vehicle in front of the road in this case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 6 (including additional numbers), Eul evidence 2, the purpose of the whole pleadings

2. Determination

(a) Any emergency motor vehicle may pass along the center or the left-hand side of the road where it is inevitable, and the driver of any motor vehicle shall yield the course to the emergency motor vehicle so that the emergency motor vehicle may pass preferentially (see Article 29 (1) and (5) of the Road Traffic Act): Provided, That in cases where an emergency motor vehicle travels along the center or the left-hand side of the road due to an emergency or inevitable reason, it shall pass along the road only

(see Article 29 (3) of the Road Traffic Act). (b)

In light of the above legal principles, the following circumstances, namely, the Plaintiff’s vehicle is a kind of fire engine for emergency motor vehicles under the Road Traffic Act, which are acknowledged by examining the instant case in light of the aforementioned evidence and comprehensively considering the purport of the entire pleadings.

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