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(영문) 서울중앙지방법원 2019.09.18 2019나22714

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. The circumstances leading to the instant accident are as follows.

On July 18, 2018, at the time of the accident, the insured vehicle of the Plaintiff insured as of July 18, 2018, the insured vehicle of the Plaintiff, who moved into a three-lane road at the seat of the Fow in Daegu-gu, Daegu-gu, as of July 18, 2018 at the time of the accident, is driving from the front side of the Plaintiff vehicle to the three-lane in order to make a right-hand way after changing the vehicle into a four-lane.

The main part of the Defendant’s vehicle running along a four-lane change and the main part of the Plaintiff’s vehicle’s vehicle’s front part and the main part of the Plaintiff’s vehicle’s late-end accident insurance proceeds paid in KRW 500,000 (based on recognition) as the security for payment of KRW 6,031,80 on November 1, 2018, in the absence of any dispute, each entry or video of subparagraphs A1 through 5 (including paper numbers), and Eul’s evidence Nos. 1 through 3 (including paper numbers), and the purport of the entire pleadings, as a whole.

2. Determination

A. According to the video in evidence No. 1, the driver of the plaintiff vehicle and the driver of the defendant vehicle, the driver of the defendant vehicle driven along the vehicle in the speed without securing the safety distance and cannot properly verify the change and speed of the vehicle of the plaintiff vehicle, and the driver of the vehicle cannot properly check the change and speed of the vehicle of the plaintiff vehicle. Thus, it is reasonable to view that the accident of this case occurred due to the main negligence of the driver of the defendant vehicle.

However, the driver of the Plaintiff’s vehicle who intends to make a right-way change to the four-lanes that are the right-hand side of the road and then attempt to make a right-hand (see Article 25(1) of the Road Traffic Act). However, according to the video as stated in Article 25(1)1 of the Road Traffic Act, the driver of the Plaintiff’s vehicle is able to recognize that the driver of the Plaintiff’s vehicle reduces the speed rapidly immediately after changing the vehicle from the three-lane to the four-lane.