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(영문) 창원지방법원 2016.08.18 2016나541
손해배상(자)
Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) constitutes the money that ordered payment under paragraph (2).

Reasons

1. Facts of recognition;

A. On April 30, 2015, at around 22:04, the Plaintiff driven a CSP car (hereinafter “Plaintiff’s car”) and operated a shooting distance without any traffic signal in D of the window at Changwon-si (hereinafter “instant intersection”) from the later side of the Dowon Elementary School, and immediately after the passage of the said shooting distance, there was an accident attributable to the front part of the 125 OCC CF (hereinafter “Defendant OF”) operated by the Defendant, who was on the right right side of the Plaintiff’s proceeding, and the front front part of the original car.

(hereinafter “instant accident”). (b)

Plaintiff

A car was damaged to the extent that 1,606,713 won of the repair cost was damaged due to the instant accident.

C. The Defendant suffered from injury, such as bones of wood, bones, vertebranes, and tensions, due to the instant accident, and Defendant Orala destroyed KRW 2,205,00 in its front part to the extent of its repair cost due to the instant accident.

The intersection of this case does not have a traffic signal, and the direction of the plaintiff's running road is eight meters wide, and the direction of the defendant's running road is six meters (round 1.7m separate from the sidewalk) and one-way road.

[Ground of recognition] There is no dispute, Gap 1, 2, 3, 4, 5, 7, 9, Eul 1, and 2 (including branch numbers in case of additional numbers), the fact inquiry results against the head of the original court's original office, and the purport of the whole pleadings

2. The principal lawsuit and counterclaim against the occurrence of liability for damages shall be deemed simultaneously filed; and

The driver of any motor vehicle who intends to drive a motor vehicle into the intersection where traffic is not controlled pursuant to Article 26 (1) and (2) of the Road Traffic Act shall yield the course to other motor vehicles, when the motor vehicle is already traveling through the intersection, and drive slowly the motor vehicle when the width of the road to cross is wider than that of the road where the motor vehicle is traveling.

According to the above facts, the accident site of this case is an intersection where traffic is not controlled, and the plaintiff car is the passenger car.

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