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(영문) 서울중앙지방법원 2019.01.10 2018나45611

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. A claim for indemnity in relation to a traffic accident that occurred on January 4, 2018 at the distance of the Gosung-dong from the Jiju-dong from the Gosung-dong, Changju-si around 09:00;

2. The instant accident is that the Defendant (C) driven along the first lane of the three-lane road; around the intersection, the instant accident occurred due to the change of the front line from the first lane to the second stop signal; and the Plaintiff (D) who driven along the two-lane, was a serious accident that caused the front part of the Defendant’s vehicle to the front part; the Plaintiff’s vehicle proceeding in one lane from the front line of its running direction to the second stop line, and the Defendant’s vehicle, who completed the change to the two-lane stop by the stop signal; it is unreasonable to deem that the instant accident occurred due to the primary negligence of the Plaintiff vehicle, which neglected the duty of front line; Defendant’s failure to perform the duty of front line change to the front line; Defendant’s failure to ensure the safety distance of the Plaintiff’s vehicle immediately after the suspension of the front line; Defendant’s failure to ensure the safety distance of the front line of the instant vehicle after the suspension of the front line; and Defendant’s negligence to the end of the instant change to the front line.

3. However, the Plaintiff’s claim in this case shall be paid KRW 2,462,440 with the medical expenses and the amount agreed upon for the Plaintiff’s partner E and F of the Plaintiff’s vehicle suffered from the instant accident, and KRW 1,00,000 from the Defendant.