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(영문) 서울중앙지방법원 2019.07.25 2018나83026 (1)

구상금

Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

1. Basic facts

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

At the time of the accident, the insured vehicle of the Plaintiff (hereinafter “Plaintiff”), the insured vehicle of the Defendant (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”), around 12:00 on March 1, 2018, at the time of the accident, entered the same one lane among the two-lanes in the north side of the office of the Gyeonggi-do Office by making a left turn before the front of the above apartment house, and the vehicle of the Defendant entered the same direction as the front side of the left side of the Plaintiff vehicle, and the vehicle of the Defendant, which was parked in the same direction two-lanes, entered the same one lane, entered the same direction, and the payment of the insurance money paid in 4,372,450 won (self-damage) by the front side of the left side of the Plaintiff vehicle and the front side of the Defendant vehicle.

B. The judgment of the first instance court judged the fault ratio of the Plaintiff’s vehicle and Defendant’s vehicle 10:0, and dismissed the Plaintiff’s claim.

[Reasons for Recognition] Facts without dispute, Gap 1, 5, 6, 9 (including the number of pages), Eul evidence, and images

2. The parties' assertion and judgment

A. The plaintiff asserted that the accident in this case was caused by the total negligence of the defendant vehicle, because the accident in this case was temporarily stopped before the defendant vehicle makes a left turn at the above intersection and did not look at the road situation, and the left turn at the center line at that place, and even if the accident in this case was set up a speed limit, the accident in this case occurred due to the failure to reduce the speed.

In regard to this, the defendant asserts that the accident of this case occurred because the plaintiff's vehicle was unable to see the defendant's vehicle in the course of attempting U-turn beyond the central line at the location of the accident of this case.

B. Even if the Defendant’s vehicle committed negligence as alleged by the Plaintiff, it cannot be deemed that the instant accident occurred due to such negligence of the Defendant’s vehicle.

Rather, the following circumstances are acknowledged by each video of the evidence Nos. 9 and 1.