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(영문) 서울중앙지방법원 2020.11.20 2020나8837

청구이의

Text

1.The judgment of the first instance shall be modified as follows:

The Seoul Central District Court against the defendant.

Reasons

1. At the time of the occurrence of the basic fact-finding accident, the Plaintiff’s vehicle D (hereinafter “Plaintiff”), including the time when the Plaintiff’s insured vehicle D (hereinafter referred to as “the driver”) (hereinafter referred to as “Defendant vehicle”), including the time when the driver is named, had changed the course from three lanes to two lanes among three laness in the location of the instant accident, at the time of the instant accident, at around February 18, 2018, the amount of the insurance proceeds paid to the Plaintiff vehicle, the repair cost paid to the Defendant vehicle, the 1,789, the 130 won, the 130 won, the 2000 won, the 300 won, the 2010 won, the 2010, the 3000 won, the 2010 won, the 30th, the 2010 won, the 30th, the 2010 won, the 30th, the 2010 won, the 200.

The relationship between the parties, the details of the instant accident and the payment of insurance proceeds are as listed in the following table.

B. On August 30, 2019, the Defendant asserted the Plaintiff’s negligence and filed a lawsuit seeking reimbursement with the Seoul Central District Court 2019 Ghana2365717. On September 5, 2019, the Seoul Central District Court rendered a decision to recommend performance with the purport that the Plaintiff shall pay to the Defendant the amount of KRW 1,789,130 as well as the amount calculated at the rate of 5% per annum from March 23, 2018 to the date of delivery of the duplicate of the complaint, and 12% per annum from the next day to the date of full payment, and on September 25, 2019, the decision to recommend performance became final and conclusive.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1-4, Eul evidence Nos. 4 and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the parties' assertion is that the accident of this case occurred in the course of the defendant vehicle's proceeding in the speed of proceeding, despite the plaintiff vehicle's operation of direction direction, etc. and change of course while driving, and the accident of this case occurred.