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(영문) 서울중앙지방법원 2019.12.13 2019나40637

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. Basic facts

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

At the time of the accident, at around 17:45 September 30, 2018 at the time of the accident, the insured vehicle CD, the insured vehicle of the Plaintiff, was driven along and passing through the intersection in accordance with the two lanes of the instant road in which the vehicle of the Plaintiff was the three-lanes of the instant road (hereinafter referred to as the “instant road”), while changing the three-lanes from the three-lanes to the two-lanes, the vehicle was driven by the Defendant (hereinafter referred to as “the instant accident”).

On October 2, 2018 and November 15, 2018, the Plaintiff paid insurance proceeds of KRW 1,028,480 in total under the name of medical expenses and agreement for the victim F who was on board the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination

A. The following facts and circumstances acknowledged by the evidence prior to the occurrence of liability for damages, namely, ① at the time when the vehicle of the defendant was changed from the three lanes to the two lanes of the road of this case, the vehicle of the plaintiff was at the time when the vehicle of this case was changed from the three lanes to the two lanes of the road of this case without speed, and the vehicle of this case was at the time when the distance from the vehicle of the defendant of this case was considerably far away from the two lanes of the vehicle of this case, and the vehicle of this case was found late to the end of the vehicle of the defendant, and the vehicle of this case was at the end of the end of the vehicle of this case. ② However, the driver of the defendant vehicle of this case also has the duty of care not to impede the normal passage of other vehicle of this case, but it seems that the vehicle of this case was negligent and did not avoid the accident of this case due to the cause of the accident of this case which occurred in the vehicle of this case after the change of the two lanes to the intersection.