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(영문) 서울중앙지방법원 2019.03.15 2018나61842
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

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

On August 12, 2017, at the time of the accident, the insured vehicle CD of the Plaintiff’s insured vehicle at the time of the accident and around 20:10 on August 12, 2017, when the accident occurred, the Plaintiff’s vehicle was bypassed to enter the above intersection to the 4th line road in the vicinity of the 4th line in Seoul, Gangnam-gu Hyundaidong Department Store. The Defendant’s vehicle was driving at the 4th line in the above 4th line, and the above intersection was passing through the said intersection. In the process, the instant accident, which conflicts between the Plaintiff’s vehicle and the Defendant’s vehicle, caused damage to the 4,373,00 won in front of the driver’s seat of the Plaintiff’s vehicle, and damaged the part of the operation of the Defendant vehicle. The payment of the insurance proceeds to the Plaintiff’s insured vehicle (Defendant’s vehicle) is paid in KRW 2,979,000,010 (E),693,750).

2. The parties' assertion

A. The location of the Plaintiff’s instant accident is where the four lanes and the right-hand lanes are combined among the four lanes, and the Defendant’s vehicle driving the said four lanes failed to discover the Plaintiff’s vehicle that was bypassing due to the failure of the Defendant’s vehicle to perform the duty of the right-on-way, and the percentage of the Defendant’s driver’s fault that contributed to the instant accident ought to be 30%. As such, the Defendant is obliged to pay the Plaintiff the indemnity equivalent to the percentage of the Defendant’s driver’s fault.

B. The driver of the Plaintiff’s vehicle entered the above four-lanes without examining whether there are other vehicles running along the above four-lanes. Thus, the instant accident occurred due to the previous negligence of the Plaintiff’s driver.

3. Determination

(a) The driver of any motor vehicle shall, in advance, make a round through the intersection;

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