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(영문) 서울남부지방법원 2019.09.04 2017가단231373
손해배상(자)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) C Vehicle C (hereinafter “Defendant Vehicle”);

A) On March 30, 2017, the driver of a vehicle driving a vehicle shall be the two-wheeled vehicle immediately before the Plaintiff entered the intersection while the driver was straighted in a private distance without the front signal apparatus at the E-Dong site D located in Scheon-si, Sacheon-si (hereinafter “Plaintiff-Wing vehicle”).

) The right side part of the above vehicle was shocked with the front part of the vehicle (hereinafter “instant accident”).

(2) Accordingly, the Defendant is an insurer who has purchased an automobile comprehensive insurance policy with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap 1 and 2's entries, the purport of the whole pleadings

B. According to Article 26(1) of the Road Traffic Act, the driver of a motor vehicle who intends to drive a motor vehicle into an intersection where traffic is not recognized as liability for damages shall yield the course of the motor vehicle when other motor vehicles are already traveling through the intersection (Article 26(1) of the Road Traffic Act), and according to the above facts of recognition, the motor vehicle driver of the defendant motor vehicle seems to have caused the accident of this case by negligence, even though he neglected his duty of care to yield the course by discovering the plaintiff motor vehicle already traveling through the intersection

Therefore, the Defendant, the insurer of the Defendant vehicle, is liable to compensate the Plaintiff for the damages incurred by the instant accident.

C. Limit of liability, however, in light of the fact that it is difficult for the plaintiff's vehicle (wheeled vehicle) to proceed at a rapid speed due to the characteristics of the vehicle, if the plaintiff, while passing through the intersection, was going through through through through the intersection, it would have been possible to detect, stop, or reduce the defendant's vehicle running on the right side of the intersection before collision. This error by the plaintiff would have caused the occurrence and expansion of the accident of this case.

The defendant shall comprehensively consider the circumstances surrounding the accident of this case prior to such factual relations.

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