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(영문) 서울중앙지방법원 2020.07.10 2019나44813
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. On December 10, 2018, at the time of the occurrence of the basic fact-finding accident, the driver of the Defendant vehicle used to pass through the instant intersection by proceeding in violation of the direction of the Defendant vehicle’s course, despite the change of the direction of the vehicle’s course to the yellow signal before reaching the stop line at the time of the instant intersection, the driver of the Defendant vehicle tried to pass through the instant intersection by passing the instant intersection, while the Defendant vehicle was driving at the high speed terminal room in accordance with the two-lane each way of the two lanes, on the left side of the Defendant vehicle by using the signal lights in front of the Defendant vehicle at the front speed of the front speed of the front speed of the vehicle, and the Defendant vehicle’s vehicle was driving at the front right side of the front speed of the Defendant vehicle by using the yellow signal at the time of the instant intersection, and there was no physical damage from the Defendant vehicle to the front left side of the vehicle moving from the front right side of the front speed of the Defendant vehicle, and there was no physical damage from the Defendant’s insurance proceeds to the Defendant 10.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, the purpose of the whole pleadings

2. The parties' assertion

A. The accident of this case by the plaintiff is that the defendant vehicle entered the yellow signal of this case in violation of the signal and conflicts unilaterally with the plaintiff vehicle. The point where the plaintiff vehicle's right-hand side is a road section where it is difficult for the plaintiff vehicle to make a right-hand side because the road edge report comes straight angle, so the plaintiff vehicle is normally bypassing. In addition, from the driver of the plaintiff vehicle, the driver of the vehicle could not anticipate the violation of the signal of the defendant vehicle. Thus, 100%'s negligence of the driver of the vehicle should be recognized.

B. Although the Defendant’s vehicle entered the instant intersection on yellow signal, the driver of the Plaintiff’s vehicle also stands ahead.

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