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(영문) 서울중앙지방법원 2019.04.09 2018나54806

구상금

Text

1. Of the judgment of the court of first instance, KRW 287,120 against the Plaintiff and its related amount from May 10, 2018 to April 9, 2019.

Reasons

1. Basic facts

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

사고 당시 보험관계 원고 피보험차량 피고 피보험차량 C D(이륜차량) 일시 2018. 4. 17. 15:00 장소 충북 단양군 E 입구 노상 충돌상황 원고 차량이 위 장소 편도 2차선 도로에서 1차로를 이용하여 진행하던 중 ‘ㅓ’자 형태의 삼거리 교차로 부근에 이르러 좌회전 전용 1차로가 증가되는 지점에서 증가된 1차로로 차선변경을 하였는데 원고 차량의 뒤에서 먼저 그와 같이 차선변경을 하여 직진하던 피고 차량이 원고 차량의 좌측 앞부분에 부딪쳐 사고가 발생함. 보험금지급액 717,800원

B. The judgment of the court of first instance rendered a judgment of 40:60 on the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle, and accepted all the Plaintiff’s claim seeking payment by calculating the amount available for reimbursement as KRW 430,680.

[Ground of recognition] Facts without dispute, Gap 1 through 5, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The place where the accident in this case occurred is where the line of the vehicle intended to turn to the left is increased to turn to the left, and the vehicle is frequently changed to turn to the left, and thus the defendant's vehicle has to drive the vehicle safely in preparation for such a case. Nevertheless, the defendant's vehicle's fault in the plaintiff's vehicle and the defendant's vehicle are in conflict with the plaintiff's vehicle that tried to drive the vehicle unfairly, or neglected to take the duty of care, and thus, it is reasonable to determine the judgment of the first instance court that deemed the error in the plaintiff's vehicle and the defendant's vehicle to be 40 large vehicles and 60 large vehicles. (ii) The defendant's vehicle has been driving the vehicle normally on the one-lane road already increased, but the previous plaintiff's vehicle in the right right side side was rapidly reduced to the point of the defendant's vehicle, and thus, it became a vehicle of the defendant's vehicle.