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(영문) 서울중앙지방법원 2019.11.21 2019나22455
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money now ordered shall be revoked and cancelled.

Reasons

1. At the time of the accident, the Plaintiff’s insured vehicle CD on August 11, 2018 at the time of the insured vehicle’s accident, where the Plaintiff’s vehicle in the situation of the road collision in front of the four-lanes in the Southern-dong, Seoul, Seoul Special Metropolitan City at the location around 10:0 on August 11, 2018, tried to change the two-lanes to the three-lanes in order to make the Defendant’s vehicle parked at the bus stops at the bus stops and to turn off the three-lanes to the three-lanes to the right side of the Plaintiff’s vehicle to the right side of the vehicle. The Plaintiff’s driver suffered injury due to the said accident.

Insurance money paid KRW 3,573,070 on November 2, 2018, the final payment date of insurance money of KRW 3,573,070.

A. The particulars of the instant accident are as follows.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff asserts that the instant accident was caused by the total negligence of the Defendant driver in light of the fact that the Plaintiff’s vehicle was a stop and the Defendant’s vehicle shocked the aspects of the Plaintiff’s vehicle.

(2) As to this, the Defendant asserted that the instant accident occurred by the Plaintiff’s total negligence of the Plaintiff’s driver in light of the fact that the Plaintiff’s vehicle changed its course to make a sudden round.

B. (1) Determinations are indicated as follows: (i) the Defendant vehicle stops at a place where the bus stops are marked to indicate that the bus stops and calls for passengers to board and alight the Plaintiff vehicle; and (ii) at the time the Defendant vehicle calls for passengers to board and alight from the vehicle; and (iii) the Defendant vehicle indicates that the passengers are getting off and alight by using an emergency flashing etc.

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