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(영문) 서울중앙지방법원 2019.11.12 2019나48983
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The circumstances surrounding the instant accident are as follows.

On October 6, 2018, at the time of the accident, the insured vehicle CD at the time of the insured vehicle, the insured vehicle CD at the time of the accident, and the insured vehicle damage of the secured self-owned vehicle, while making a left-hand turn after the suspension of the vehicle to the left at the e-mail distance without signal, etc. to the above intersection via the above intersection of the collision situation, on the e-mail-type T-type, the e-mail of the e-mail-U.S., the e., the e., the e., the e., the e., the e., the e., the e.,

B. The judgment of the court of first instance judged that the instant accident occurred due to the negligence of the Plaintiff’s driver, and all of the Plaintiff’s claims were dismissed.

【Ground of recognition】 The fact that there is no dispute, Gap 1 through 4, 6, Eul 3, the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's alleged vehicle was waiting for a temporary stop at a three-distance where traffic is not controlled and left slowly. As such, the accident of this case occurred in the course of overtaking the plaintiff's vehicle that had not yet completed the left turn while entering the intersection at the rapid speed of the defendant's vehicle after entering the intersection, and driving close to the one-lane, and driving at the speed of the defendant's vehicle at the rapid speed. Thus, the negligence of the defendant's vehicle in this case at least 70% in this case is prohibited, but the plaintiff's vehicle entered the intersection, while entering the intersection, was making a gross negligence, such as attempting to change the vehicle by making a left turn.

The defendant is also the defendant's vehicle that entered the intersection of this case.

Therefore, it is reasonable to determine the first instance judgment that the instant accident occurred due to the total negligence of the Plaintiff’s vehicle.

B. In light of the following circumstances, the instant accident ought to be determined based on the facts and evidence revealed prior to the judgment of the lower court.

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