logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.11.15 2019나32766
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. Basic facts

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to the automobile C (hereinafter “Plaintiff”), with respect to the automobile D (hereinafter “Defendant vehicle”).

B. On July 28, 2018, around 20:50, the Plaintiff’s vehicle was going straight along the first lane between the two-lanes near the superior intersection in Yong-Namnam-nam, the Plaintiff’s vehicle, who was driving along the two-lanes of the same road, caused an accident that conflicts between the left-hand side of the Defendant’s vehicle’s driver’s seat and the right-hand side of the Plaintiff vehicle (hereinafter “instant accident”).

C. On August 9, 2018, the Plaintiff paid KRW 1,746,150 (excluding KRW 200,000 on its own charges) as insurance money equivalent to the repair cost of Plaintiff’s vehicle.

On January 14, 2019, the Plaintiff filed a request for deliberation with the E Committee (hereinafter referred to as the “E Committee”), and on January 14, 2019, the E Committee decided that “The E Committee” means: (a) the maintenance of the sub-committee’s decision (the re-committee’s decision in the two lanes to the one lane change from the two lanes to the one lane; (b) the re-section change in the vicinity without operating the direction, etc.; and (c) the re-section change in the two lanes while the respondent was preceding in the next lane; and (d) the re-committee changed the two lanes; and (e) the shock process, shock

(A) The liability ratio of the Plaintiff’s vehicle and the Defendant’s vehicle is 20% of the Plaintiff’s vehicle: 80% of the Defendant’s vehicle). 【No dispute exists with the Plaintiff’s ground for recognition, Gap’s evidence 1 through 6 (including each number), Eul’s evidence 1, and the purport of the entire pleadings.

2. The assertion and judgment

A. The plaintiff asserts that the accident of this case occurred from the total negligence of Defendant vehicle, without giving direction direction etc. at night. The plaintiff asserts that the accident of this case occurred from the total negligence of Defendant vehicle.

On the other hand, the defendant asserts that in the occurrence of the accident of this case, negligence such as the duty of safe driving, such as the speed of the plaintiff vehicle, and the violation of the duty of safe driving, should be considered.

나. 판단 ⑴ 과실비율 ㈎ 도로교통법...

arrow