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(영문) 서울중앙지방법원 2019.04.17 2018나80157
구상금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The circumstances leading up to the instant accident are as follows.

At the time of the accident, the Plaintiff’s insured vehicle CD on June 24, 2018 at the time of the accident, and the Plaintiff’s vehicle was at the left turn to the left at the intersection at the location of the accident site at which the Plaintiff’s vehicle was located, at the location of the IC located in the Go Chang-gun, Chang-gun, North Korea, and the left turn. However, the Defendant vehicle was shocked while the vehicle was at the right turn to the road facing the Defendant’s vehicle. The payment of the insurance money was paid as of July 20, 2018.

The fact that there is no dispute over the insured self-paid car damage amounting to KRW 200,000 [based on recognition], Gap evidence 1 through 4, Eul evidence 1, and the purport of the whole pleadings

2. The parties' assertion

A. The instant accident occurred when the driver of the Defendant vehicle, who made a right-hand turn on the road adjacent to the Plaintiff’s vehicle that was normally left pursuant to the left-hand turn, did not verify the progress of the Plaintiff’s vehicle properly, and caused the Defendant’s vehicle’s total fault or major negligence.

B. The instant accident occurred due to the full fault or main negligence of the Plaintiff’s vehicle, which occurred while the Defendant’s vehicle entered the road by normally bypassing the right at the right line, and the Plaintiff’s vehicle entered the two-lane and obstructed the driving of the Defendant vehicle.

3. Determination

A. The following circumstances, i.e., the intersection where traffic has been controlled pursuant to the new code, the Plaintiff’s vehicle was under way to turn to the left at the right-hand turn from the first lane of the four-lanes at the time, and the Defendant’s vehicle was under way to turn to the right-hand turn at the right-hand turn. ② At the time, the Defendant’s vehicle was under way to turn to the right-hand turn at the right-hand road. In such a case, the vehicle to turn to the right-hand turn to the right-hand turn in accordance with normal code.

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