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(영문) 서울중앙지방법원 2020.05.22 2019나58539
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

[Claim]

Reasons

1. On September 29, 2017, when the insured vehicle C (hereinafter referred to as “Plaintiff”) D (hereinafter referred to as “Defendant”), including the time when the driver is named at the time of the occurrence of the basic fact-finding accident, the following circumstances are as follows: (a) the Defendant’s vehicle changed its course from the two lanes to the intersection of the 268 large square (hereinafter “instant accident site”) around September 17, 2017, to the 268 large square (hereinafter “the instant accident site”) to the head of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong of the Plaintiff’s vehicle, and the latter part of the Plaintiff’s vehicle, which had been prior, changed to three lanes, was paid for the repair cost of the Plaintiff’s vehicle to the right-hand upper part of the Defendant vehicle; (b) the Plaintiff’s repair cost of KRW 1,329,000 on November 24, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-9 and the purport of the whole pleadings

2. Determination

A. The purport of the Plaintiff’s assertion is that the accident site of this case is a long distance intersection, and the Defendant’s vehicle, which was followed, changed the lane into three lanes, has shocked the front part of the Plaintiff’s vehicle, and the accident of this case is due to the total negligence of the Defendant’s vehicle.

B. (1) In light of the following circumstances, it is reasonable to view the negligence ratio of the Plaintiff and the Defendant’s vehicle in relation to the instant accident as 10:90 in light of the following circumstances: (a) the background leading up to the accident, the degree of the conflict, and the degree of shock as to the above-mentioned facts and the evidence revealed in relation to

The driver of any motor vehicle who intends to change course of the motor vehicle shall attempt it at a safe speed and in a safe way according to the speed, course and road condition of the motor vehicle running ahead of it, and the motor vehicle that attempted to change course in this case is the primary responsibility of the motor vehicle traveling ahead of it.

However, in light of the driving direction, speed, location, etc. of the plaintiff vehicle and the defendant vehicle at the time of the accident, the vehicle immediately adjacent to the plaintiff vehicle.

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