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(영문) 서울중앙지방법원 2019.04.09 2018나53575
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. Basic facts

A. The circumstances surrounding the instant accident are as follows.

On January 7, 2018, at the time of the accident, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, and around 17:47 January 7, 2018, when the vehicle of the Plaintiff was left to the left at the location of the collision with the intersection where there is no traffic control in the vicinity of the Seoul E apartment, the vehicle of the Plaintiff is 683,560 won (the cost of repairing the Plaintiff vehicle) after the left-hand side of the Plaintiff vehicle

B. The judgment of the first instance court judged the fault ratio of the Plaintiff’s vehicle and the Defendant’s vehicle as 30:70, and calculated the Plaintiff’s amount of reimbursement as KRW 478,492.

[Ground of recognition] Unsatisfys, Gap 1, 2, and 3

2. The assertion and judgment

A. The plaintiff's assertion 1) The accident of this case occurred due to the negligence that the defendant's vehicle started rapidly prior to the end of the plaintiff's left-hand turn, and the judgment of the court of first instance which assessed the negligence of the defendant's vehicle as 70% is reasonable. 2) At the time of the accident of this case, the defendant's vehicle entered the intersection of this case, and thus, the defendant's vehicle at the time of the accident of this case did not yield the course to the defendant's vehicle even though it yield the course to the defendant's vehicle at the intersection of this case, and there is a negligence that the plaintiff's vehicle did not turn to the right-hand turn at the intersection of this case, and the plaintiff's vehicle did not turn to the right-hand turn.

B. As alleged by the Defendant, there is no evidence to prove that the Defendant vehicle was already entering the instant intersection in which traffic is not controlled, or that the Plaintiff vehicle did not take the direction of left-hand turn, etc., and according to the images of the evidence Nos. 8 and 2 of the evidence Nos. 18 and 2, the Plaintiff vehicle was driven down at the instant intersection or left-hand turn without temporarily suspending the traffic control, and ② the Defendant vehicle did not properly examine the movement of the Plaintiff vehicle.

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