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(영문) 서울중앙지방법원 2019.04.12 2018나41602
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. The instant accident occurred due to the Plaintiff’s negligence on the part of the Defendant’s driver on the part of the Plaintiff while driving a CG halog vehicle (hereinafter “Plaintiff”), which resulted from the Plaintiff’s replacement of the Plaintiff’s vehicle while driving the CG halog vehicle. The instant accident occurred due to the Plaintiff’s negligence on the part of the Defendant’s driver, and thus, the Defendant, who is the insurer of the Defendant’s vehicle, is obliged to pay KRW 5,940,000 in total, KRW 3,000,000 in repair cost of the Plaintiff’s vehicle and KRW 2,940,000 in rental cost of the Plaintiff’s vehicle.

B. The instant accident occurred due to the Plaintiff’s total negligence, since the Plaintiff’s vehicle entered the front of the intersection by going through a small channel and going through a bypass, and the Plaintiff’s vehicle, which was normally driven by the Defendant according to a white solid line, while the vehicle was unreasonably changed from the four lanes to the one lane, is a white solid line.

2. Determination

A. The Plaintiff is the owner and the driver of the Plaintiff’s vehicle, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant vehicle.

Shelled, around 18:30 on September 23, 2017, the Defendant’s vehicle was driven mainly according to the four-lanes of the criminal history distance located in the luxan-dong at the luxan time.

From the same point of view, the Plaintiff’s vehicle was at the right side of the Plaintiff’s vehicle and the left side side of the Defendant’s vehicle, which driven the first lane as above, and entered the second lane as the said four-lanes in order to enter the runway from the runway to the direction of the crime prevention distance. As such, there was an accident where the Plaintiff’s vehicle and the left side of the Defendant’s vehicle are faced.

(hereinafter “instant accident”). 【The ground for recognition” has no dispute, Gap’s evidence Nos. 1 through 4 (including paper numbers), Eul’s evidence Nos. 1 to 1, and the purport of the entire pleadings.

(b) (i) The driver of any motor vehicle is seeking to make a right-hand turn to the intersection.

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