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(영문) 서울동부지방법원 2019.05.17 2018나27173

손해배상(자)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts below the basis of facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5, 7, 8, and Eul evidence Nos. 1 to 4.

Around 15:30 on May 20, 2017, C driven the DOtoba (hereinafter “Plaintiff Otoba”) owned by the Plaintiff, and driven the 1st line road in front of the KOtopy Doo-ri community hall in Gyeonggi-gu, Gyeonggi-do, the GOtocheon-gu, the Plaintiff, while driving the 1st line in front of the KOtopy Doo-ri community hall, the Defendant-owned by the EOtoba (hereinafter “Defendant-owned vehicle”) tried to pass the f-si (hereinafter “Defendant-owned vehicle”) of the EObaba, who was driven by the yellow domin line, and tried to turn to the left to the left, the front driver of the Defendant-owned vehicle was shocked to the left engine part of the Defendant-owned vehicle (hereinafter “the instant accident”).

2. The Plaintiff’s assertion that the Defendant’s vehicle attached the vehicle to the road to a stop, and C brought the accident of this case to the instant vehicle, as it was impossible for C to avoid this to avoid the right turn to the left without turning on the direction light by the Defendant vehicle.

In the instant accident, at least 80% of the Defendant’s vehicle is deemed to have been negligent on the part of the Defendant. As such, the Defendant, as the user of the Defendant’s driver, is obligated to pay the Plaintiff the amount of damages equivalent to 21,440,000 won equivalent to 80% of the repair cost incurred from the Plaintiff’s damage.

3. Comprehensively taking account of the following circumstances revealed in light of the overall purport of the arguments revealed prior to the determination of the evidence, the instant accident attempted to lead the Defendant’s vehicle to the left-hand side by overcoming the center line of the yellow-ray yellow-ray, which was prohibited from overtaking, in order to overtake the damaged vehicle at the point where the instant accident occurred while driving the Plaintiff Ortoba, while driving the Plaintiff at the point where the instant accident occurred.