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(영문) 서울중앙지방법원 2019.07.11 2019나8763
구상금
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. The circumstances leading to the instant accident are as follows.

At the time of the accident, the part on the middle of the right side of the Defendant’s vehicle, which is located in the direction of the right side of the Plaintiff’s vehicle while the Plaintiff’s vehicle was bypassed at the location No. 15:16 on May 3, 2018 at the time of the Plaintiff’s insurance-related vehicle DE at the time of the accident (hereinafter “Plaintiff’s vehicle”), is paid to the Defendant’s insured vehicle’s insurance proceeds of KRW 5,261,00 in the front side of the left side of the Plaintiff’s vehicle (hereinafter “instant accident”), and KRW 500,000 (based on recognition), there is no dispute over the Plaintiff’s self-paid vehicle loss amounting to KRW 5,261,00 in the front of the left side of the Plaintiff’s vehicle. The entries and images of evidence Nos. 1 through 7 (including the serial number), B and 3, and the purport of the entire

2. The assertion and judgment

A. The plaintiff asserts that the defendant vehicle's fault ratio should be 40% in light of the fact that the defendant vehicle witness the plaintiff vehicle before the intersection of this case and the driver of the defendant vehicle violated the duty of front-time and safe driving, such as driving at a considerable speed, and that the plaintiff vehicle does not violate the signal.

In regard to this, the defendant asserts that the accident of this case was caused by the mistake that caused the plaintiff's vehicle's failure to take part in the traffic signal violation, the violation of the traffic method by crossing, and the violation of the duty of care at the time of entering a road where the width of the lane is narrow, and that the accident of this case was caused by the negligence of the plaintiff vehicle.

B. Article 25(1) of the Road Traffic Act provides that “If a driver of any motor vehicle intends to make a right-hand through an intersection, he/she shall proceed along the right-hand side of the road in advance.”

In light of the developments leading up to the occurrence of the instant accident and the location of the original and the Defendant’s vehicle and the degree of collision, etc., the instant accident is left on the left side of the proceeding direction when the Plaintiff’s vehicle makes a right-hand through the intersection.

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