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(영문) 서울중앙지방법원 2019.02.19 2018나82351
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

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

On April 11, 2018, at the time of the accident, the insured insured vehicle C (SM5) of the Plaintiff’s insured vehicle C (SM5) at the time of the accident, and around April 11, 2018, the insured vehicle in the situation of the collision with the Plaintiff’s insured vehicle (hereinafter “Plaintiff vehicle”) at the time of the accident at the time of the collision with the Defendant’s insured vehicle (hereinafter “Defendant vehicle”) moving right from the right Aison from the right Aison distance direction in the direction of a tourist hotel shooting distance from the front side of the intersection on the two-lane side of the intersection, the front side of the intersection, 2,269,890 won (payment April 20, 2018)’s own share 50,000,000,000 won (based on recognition), the purport of each of subparagraphs 1 through 7, 1 through 2, and 2,31 through 2,300,000 won, respectively.

2. The Plaintiff asserted that the instant accident occurred due to the unilateral negligence of the Defendant’s driver, and claimed the full amount of the insurance money paid by the Plaintiff and the damages for delay from the day following the date of the final payment. The Defendant asserted that the said accident was caused by the concurrence of the negligence of the Plaintiff’s driver who neglected the duty of care in crossing.

In full view of the following circumstances acknowledged by comprehensively taking account of the following circumstances, the background of the accident revealed in the facts of recognition and records, the degree of the conflict and the degree of shock, and the overall purport of the arguments as to the accident in this case, it is reasonable to 20:80 to view the negligence ratio of the driver and the driver of the vehicle in this case.

When any driver of a motor vehicle intends to change course of his/her motor vehicle, he/she shall not change his/her course when it is likely to impede the normal traffic of other motor vehicles running in the direction to which he/she intends to change (Article 19(3) of the Road Traffic Act), and the driver of any motor vehicle intends to make a right-hand turn

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