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(영문) 서울중앙지방법원 2019.05.14 2018나62067

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, at around 12:52 on June 9, 2018, the defendant's insured vehicle ("the plaintiff's insured vehicle") CD, the defendant's insured vehicle ("the defendant's insured vehicle"), at the time of the accident, left the front side of the original employment and welfare center in Sung-dong, Sung-gu, Sungwon-dong, Changwon-dong, Changwon-dong, the center line connected to the private-distance intersection stopped at the right side of the road, and entered the road as the left side.

At this time, the Plaintiff’s vehicle is proceeding to the left-hand side of the Defendant’s vehicle beyond the center line by making a large right-hand turn to the rear intersection, and there was a conflict between the Plaintiff’s vehicle’s right-hand side, the lower part, the lower part, and the lower part, with the lower part.

Amount of insurance proceeds paid 478,040 won

B. The judgment of the first instance court judged the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle 70:30, and calculated the Plaintiff’s amount of reimbursement as KRW 143,412.

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

2. The location where the instant accident occurred;

A. The plaintiff's assertion 1) since the plaintiff's vehicle illegally stops at the edge of an intersection or at a place located within 5 meters from the corner of the road, which is the section where the parking or stopping is prohibited, the defendant's vehicle should have done so to the extent that it can immediately stop if it can interfere with the passage of other vehicles by checking more closely whether there is a vehicle entering the rear side, such as the plaintiff's vehicle, at the time of entering the road, and if it is possible to interfere with the passage of other vehicles, it is possible to immediately stop. Furthermore, considering the fact that there are other vehicles illegally parked on the right side, such as the defendant's vehicle at the time, the accident in this case is caused by the former negligence of the driver of the defendant's vehicle.