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(영문) 서울중앙지방법원 2019.04.30 2018나67550

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.

At the time of the accident, the insured vehicle of the Plaintiff (hereinafter referred to as “Plaintiff”).

Defendant Insured Vehicle (hereinafter referred to as “Defendant Vehicle”)

CD Temporary 10:50 on June 18, 2017, the same shall apply to the summary map in attached Form 2 to the situation of the collision of the distance in front of the Daejeon Sung-gu E apartment Fdong at the location of the Daejeon E-dong.

The payment of insurance proceeds of KRW 9,445,640 as security for self-employed self-employed insured person [based] 200,000 won (applicable for recognition] shall not be disputed, Gap evidence of subparagraphs 1 through 6, Eul evidence of subparagraphs 1 through 3 (including each number; hereinafter the same shall apply), video and the purport of the whole pleadings

2. Determination

A. In full view of all the circumstances, including the fact of the negligence ratio of the Plaintiff and the Defendant’s driver, the background of the accident, the degree of conflict and shock, and the purport of the entire evidence presented above, it is reasonable to view that the negligence ratio of the Plaintiff’s vehicle and the Defendant’s driver is 15:85.

① At the instant accident site, as an intersection where traffic has been controlled by signal apparatus, the Defendant vehicle was at the left-hand turn at one lane, and the front part of the left-hand side of the Plaintiff vehicle stopped in accordance with the signal apparatus signals on the left-hand side of the direction-hand side of the Defendant vehicle, which was at the left-hand turn, was shocked by the front-hand side of the left-hand side of the Defendant vehicle, and the said intersection indicated the front line of the left-hand turn in the direction-hand side of the Defendant vehicle.

② In such cases, even though the Defendant’s vehicle has a duty to turn to the left according to the above leading line and drive well by taking into account the traffic conditions on the front side and the left side of the driving direction, in violation of this duty, the front left side part of the left side was faced with the above leading line, and the Defendant’s driver caused the instant accident by negligence while driving without taking into account the situation of the Defendant’s vehicle which was parked. Such negligence by the Defendant’s driver is the instant case.