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(영문) 서울중앙지방법원 2020.08.14 2019나71396
구상금
Text

1. Of the judgment of the first instance, the part against the defendant ordering payment in excess of the following amount ordered to be paid:

Reasons

1. At the time of the occurrence of the basic fact-finding accident, the defendant vehicle, at around 17:20 on June 9, 2018, when the collision of the defendant insured vehicle CD at the time of the arrival of the place (hereinafter “instant intersection”) around 1245, as desired at the port of south-gu, at the port of the south-gu, went into the intersection at the port of the E-cooperative auction house of the instant Association, and entered the intersection at the direction of the instant intersection. The plaintiff vehicle, which was proceeding at the adjacent level, made a turn to the right to the non-protection turn for green signals, was in conflict with the defendant vehicle. The accident of this case was caused as follows. The plaintiff vehicle’s repair cost of the insurance money paid at KRW 1,117,000,000, the self-compensation charge of self-damage of the secured vehicle of KRW 200,000, Jun. 14, 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purpose of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident occurred due to the total negligence of the Defendant’s driver, inasmuch as the Defendant’s vehicle violated signalling to the intersection by entering the yellow signal, and the Plaintiff’s accident occurred due to shocking the Plaintiff’s vehicle, which had done a non-protective seat pursuant to the new code, while driving the signal at the intersection.

B. The instant accident occurred due to the negligence by the driver of the Defendant vehicle who entered the intersection with yellow signal, the negligence by the driver of the Plaintiff vehicle entering the intersection without due care for the entry of the Defendant vehicle, and the negligence by the driver of the Plaintiff vehicle obstructing the progress of the Defendant vehicle at the intersection. Thus, in calculating the negligence ratio with regard to the occurrence of the instant accident, the said negligence by the driver of the Plaintiff vehicle should be considered.

3. Determination

A. According to the facts found in the above basic facts, and each of the above evidence, the driver of the defendant vehicle will not enter the intersection if the vehicle's ongoing signal was changed to yellow signal.

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