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(영문) 서울중앙지방법원 2018.11.20 2018나54752

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 February 20, 205:40 on February 20, 2018, the insured vehicle A of the Plaintiff insured vehicle B at the time of the accident, and around 05:40 on February 20, 2018, the insured vehicle of the Plaintiff (hereinafter referred to as “Plaintiff vehicle”) was changed from the fourth lane to the first lane among the five-lanes of the above road, while the insured vehicle of the Plaintiff (hereinafter referred to as “Plaintiff vehicle”) was changed from the fourth to the first lane of the above road, the insured vehicle of the Plaintiff was paid to the right side of the Defendant vehicle, 300,000 (on the part of the damage of the Plaintiff vehicle, direct payment to the Plaintiff in the name of unrepair repair cost) the insured vehicle of the Plaintiff’s self-paid vehicle of the insured vehicle of the security to be 20,000 won [based], there is no dispute, Gap’s evidence No. 1 to 10, Eul, No. 1, 3, and 4 (including the number and image number).

2. The Plaintiff asserts that the Defendant driver’s negligence in relation to the instant accident was 50% and claimed 150,000 won, and damages for delay, which are 50% of the insurance proceeds paid by the Plaintiff.

The negligence of the plaintiff vehicle and the driver of the defendant vehicle shall be deemed to be the negligence.

Unless there are special circumstances, such as the fact of recognition, the background of the accident, the degree of conflict, and the degree of shock in the records, and in particular, the change of one lane is required to drive at least 30 meters on the roads where a number of vehicles are located at the time of the accident in this case (Article 21 and attached Table 2 of the Enforcement Decree of the Road Traffic Act), and the Plaintiff vehicle has changed a number of lanes for a short time on the roads where there are multiple vehicles after the accident in this case. ② The Plaintiff vehicle concealed the Defendant vehicle driving along the same lane for a few seconds after the commencement of a change of course on the fourth lane, and led to a conflict between the front offender on the left side of the Plaintiff vehicle and the lower right side of the Defendant vehicle, and ③ the accident in this case.