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(영문) 서울중앙지방법원 2020.05.14 2019나45205
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. At the time of the instant accident, at around 15:35 December 1, 2018 at the time of the instant accident, the Defendant’s vehicle in the situation of the collision between the two lanes between the two lanes among the three lanes: (a) the Plaintiff’s vehicle in the relationship of the insurance (Deduction) and the Defendant’s vehicle in the relation of the instant accident; (b) the Defendant’s vehicle in the situation of the collision between the two lanes between the two lanes among the three lanes; (c) however, the Plaintiff’s vehicle in violation of the tram’s instructions and left the left at the two lanes, and there was no dispute over the payment of the insurance proceeds (on December 24, 2018), 130,070 won (the remaining amount of the vehicle after the scrapping/vehicle’s replacement) and the damage to the Defendant’s vehicle (based on recognition); (d) the entry and the purport of the entire pleadings as to each of subparagraphs A through C and C (including each number; hereinafter the same shall apply).

2. The assertion and judgment

A. The plaintiff asserted that the accident in this case occurred by the negligence of the plaintiff vehicle and the driver of the defendant vehicle, and claimed 20% of the insurance money paid by the plaintiff, and damages for delay from the day following the payment date of insurance money. The defendant asserted that the driving direction of the plaintiff vehicle is more severe than the one permitted for the non-protective Zone, since the vehicle's driver at the time is at the same time at the same time, the driver of the plaintiff vehicle is at the same time changing from the two-lanes to the left left turn due to the mistake and turn to the left, and thus, the accident in this case occurred by the whole negligence of the plaintiff vehicle that cannot avoid the plaintiff vehicle, and even if the negligence of the defendant vehicle is recognized, the vehicle's heavy notice of the value of the plaintiff vehicle should be calculated to the extent that it is merely 111 million won.

B. The following circumstances, i.e., the instant accident, which is the Plaintiff’s driver, enters the intersection at the two-lanes where it is possible for the Plaintiff’s driver to simultaneously turn back to the protection seat and the non-protection seat signal at the same time.

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