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(영문) 서울중앙지방법원 2020.01.22 2019나37914
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. On February 9, 2018, at the time of the occurrence of the basic fact-finding accident, the insured vehicle in the situation of the collision between the Plaintiff’s insured vehicle and the Defendant’s insured vehicle (hereinafter “Defendant’s insured vehicle”) entering the four lanes to three lanes from the four lanes and the three lanes from among the roads that the Plaintiff’s insured vehicle entered the four lanes from the three lanes, the insured vehicle in the situation of the collision (hereinafter “Plaintiff’s vehicle”) in the vicinity of the entrance of the Nowon-si Intersibing Road: (a) on March 5, 2018, the insured vehicle paid the insurance premium for the accident that conflicts with the Plaintiff’s vehicle, and paid the insurance premium to the insured on March 5, 2018, KRW 200,070,000 as the self-paid share of the insured self-paid vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. Determination:

A. The following circumstances, which can be acknowledged by comprehensively taking account of the overall purport of the evidence submitted by the Plaintiff and the Defendant’s driver’s fault ratio, namely, ① the instant accident occurred when the Defendant’s vehicle, which entered the four-lanes to three-lanes, entered the two-lanes from the four-lanes to the three-lanes, and all the Defendant’s vehicle drivers were deemed to have been negligent in performing their duty of care to avoid collision with other vehicles while changing the vehicle vehicle. ② The Plaintiff asserted that the instant accident was caused by the Defendant’s unilateral negligence since the Defendant’s vehicle, while changing the vehicle from the rear side of the Plaintiff’s vehicle, conflicts with the vehicle behind the Plaintiff’s vehicle. However, in light of the background of the instant accident, the accident site, and the collision part of the Defendant’s vehicle, the evidence submitted by the Plaintiff alone is difficult to acknowledge the said allegation.

Furthermore, in light of the circumstances of the instant accident, the fault ratio of the driver of the Plaintiff vehicle is 20% and the driver of the Defendant vehicle.

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