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(영문) 서울중앙지방법원 2019.05.21 2019나12045
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

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

At the time of the accident, the plaintiff insured vehicle (hereinafter referred to as "the plaintiff vehicle") Defendant Insured vehicle (hereinafter referred to as "the defendant vehicle") CD on July 17, 2018 at the time of the accident, around 11:40 on July 17, 2018, the plaintiff vehicle in the situation of the collision of the road in front of the building in Gangnam-gu Seoul, Gangnam-gu, Seoul, is driving the above road along four lanes in the direction of the salary tunnel from the direction of the

A lane has been changed to three lanes, and the left-hand turn has been stopped at a two-lane which is a two-lane.

The collision between the two sides of the Defendant vehicle, which changed the lane into three lanes, and the back part of the left side of the Plaintiff vehicle. The Plaintiff, as a security for self-motor vehicle damage of KRW 500,000, total repair cost of KRW 2,950,000, the Plaintiff paid KRW 2,450,000,000, after deducting KRW 500,000, for damages, such as repair cost, etc., of the Plaintiff vehicle caused by the instant accident, as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 2 and 5, video, the purport of the whole pleadings

2. The Plaintiff asserted that the instant accident occurred due to the unilateral negligence of the Defendant’s vehicle, and that the Plaintiff claimed the total amount of the insurance money paid by the Plaintiff and damages for delay from the day following the payment date of the insurance money, and the Defendant claimed that the instant accident occurred due to the competition of the Plaintiff’

The following circumstances are that the point where the accident in this case occurred is the road in the vicinity of the intersection by adding the overall purport of arguments, namely, ① the point where the accident in this case occurred is the one in six lanes, which is the one in which the left is the one, the two-lanes, and the other two-lanes may attempt to change the lane in order to make the vehicle that entered the lane to the left-hand turn from the right-hand turn, and ② the point where the accident occurred is not the one in which the change of the lane of the defendant vehicle is prohibited.

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