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(영문) 서울중앙지방법원 2020.06.18 2019나72146
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.

On May 16, 2019, May 11:17, 2019 at the time of the accident, the Plaintiff’s vehicle entering the said intersection at the time of the collision with the Si-U.S. S. S. 29 S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.S. S.S. S.S. S.S. S.S. S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.

2. The assertion and judgment

A. The Plaintiff’s assertion asserts that the Plaintiff’s fault should be recognized at least 30% in light of the fact that the Plaintiff’s vehicle entered the intersection and the Defendant’s vehicle could have sufficiently predicted the existence of the Plaintiff’s vehicle by taking other vehicles waiting at one lane into the intersection, and that the Defendant’s vehicle is in excess of the speed limit in the elderly protection zone.

B. The following circumstances, which can be acknowledged in full view of the evidence and the purport of the entire pleadings as mentioned above, namely, the driver of a vehicle who intends to enter an intersection where the traffic is not controlled, but intends to turn to the left at the same time in order to turn to the left. The driver of a vehicle who intends to enter an intersection where the traffic is not controlled, shall slow down if the width of the intersection is wider than that of the road where the vehicle is traveling, and if there is another vehicle which intends to enter the intersection from a road with a wide width, the driver of the vehicle who intends to simultaneously enter the intersection where the traffic is not controlled, shall yield the course to the other vehicle, and the driver of the vehicle who intends to simultaneously enter the intersection where the traffic is not controlled (Article 26(2) and (3) of the Road Traffic Act).

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