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(영문) 인천지방법원 2016.10.25 2016나54070
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination as to the cause of claim

A. On August 8, 2015, the gist of the Plaintiff’s assertion was: (a) around 22:45, in relation to the traffic accident that occurred in the south-dong Office Road Intersection (hereinafter “instant accident”) via the south-gu Incheon, Nam-gu, Incheon (hereinafter “instant intersection”), the Defendant is liable to compensate the Plaintiff for the damages amounting to KRW 1050,000,000,000, out of KRW 3.5 million paid by the Plaintiff at the repair cost of the street, etc. owned by the Plaintiff due to the instant accident.

B. (1) The driver of a vehicle driving along an intersection where traffic is controlled by signal signals, etc. according to the relevant legal principles, is sufficient to observe traffic regulations and to believe that other vehicles are believed to take appropriate measures to avoid collision, barring special circumstances, and there is no duty of care to take special measures to prevent accidents prior to the occurrence of accidents, even if other vehicles violate traffic regulations and are anticipated to keep the course of the vehicle in question and are driving along the vehicle or to take the vehicle in question.

However, there are other vehicles already entering the intersection even if they are drivers of vehicles driving in compliance with signal.

I found that the other vehicle is continuing to proceed by entering the intersection immediately after the signal of its direction was changed to a stop signal from the direction to the stop signal.

In special cases where it is anticipated to enter an intersection in violation of either signal or other signal, an accident shall be prevented by looking at the movement of such vehicle while running slowly.

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