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(영문) 서울중앙지방법원 2019.04.23 2018나47693

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

1..

Reasons

1. Basic facts

A. The circumstances surrounding the instant accident are as follows.

At the time of the accident, the insured vehicle CD on December 25, 2017, when the insured vehicle of the Plaintiff was insured, and around 22:55 on December 25, 2017, at the time of the accident, the Defendant vehicle was moving straight along the two lanes of the above place, and the Plaintiff vehicle was driving along the two lanes of the above two lanes.

During that, the Defendant’s vehicle began to drive in the vicinity of the two-lanes, and around that time, the Plaintiff’s vehicle, which was driven in the two-lanes, was straightened and passed the Defendant’s vehicle ahead. The collision between the left side of the Plaintiff’s vehicle and the front part of the right side of the Defendant’s vehicle around the passage of the intersection where the road flows along.

Amount of insurance money paid 1,561,800 won

B. The judgment of the first instance court judged the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 30:70, and calculated the Plaintiff’s amount of reimbursement as KRW 1,093,260.

[Ground of recognition] Facts without dispute, Gap 3 through 8, Eul 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The defendant's vehicle did not operate the direction direction, etc. within the intersection, which is the section prohibited from changing course, and conflict between the left side of the plaintiff's vehicle that had been overtakened by the defendant's vehicle. Considering that the plaintiff's vehicle was in a situation where the defendant's vehicle could not remarkably avoid entering the defendant's vehicle by such method, the accident in this case is due to the former negligence of the driver of the defendant vehicle. 2) The accident in this case occurred due to the accident where the plaintiff's vehicle moving behind the defendant's vehicle, which was moving behind the right side of the defendant's vehicle, did not neglect the duty of driving, safe driving, front-way and front-way.

In addition, the accident of this case is an intersection.