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(영문) 서울중앙지방법원 2019.11.26 2019나43780
구상금
Text

1. Of the judgment of the court of first instance, KRW 2,737,90 against the Plaintiff and its related amount from October 13, 2018 to November 26, 2019.

Reasons

1. At the time of an accident involving recognition, the Plaintiff’s insured vehicle CD temporarily used at around 10:0 on August 11, 2018, the Plaintiff’s vehicle in the situation of a road collision in front of the four-lanes in Seoul, Gwanak-gu, Seoul, Seoul, along the three-lanes in order to turn off the Defendant’s vehicle at the bus stop at the bus stop and turn off the two-lane again to the three-lanes in order to turn off the Defendant’s vehicle into the right side of the Plaintiff’s vehicle. On October 12, 2018, the following developments are as follows: (a) the Defendant’s vehicle, starting from the day of the accident involving recognition, was able to change the two-lanes to the three-lanes in order to turn off the Defendant’s vehicle to the right side of the Plaintiff’s vehicle; (b) the payment of the insurance proceeds (day) 3,997,000 won on October 12, 2018.

[Ground of recognition] Facts without dispute, Gap 1 through 8, purport of the whole pleadings

2. Determination:

A. In full view of the following circumstances revealed by the facts acknowledged as the liability ratio and the evidence mentioned above, i.e., (i) the Defendant vehicle stops at a bus stop at the place where the bus stop is marked, and (ii) the Defendant vehicle used to get off or get off the Plaintiff vehicle; (iii) the other vehicle following the Defendant vehicle stops while stopping the vehicle; and (iv) the instant accident occurred, taking into account the following circumstances: (a) the Plaintiff vehicle had a duty of care to prevent the accident, such as moving away from the bus stop but failed to take care of the bus stop; and (b) the Plaintiff vehicle failed to avoid the accident by neglecting its duty of care; and (c) the Plaintiff vehicle’s driver failed to avoid the accident in this case.

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