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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
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Reasons
1. The circumstances leading up to the instant accident are as follows.
At the time of the accident, at around 23:10 on June 19, 2017, the insured vehicle CD of the insured vehicle of the Plaintiff insured vehicle, and around 23:10 on June 23:2017, the insured vehicle of the Plaintiff, was bound by E (hereinafter referred to as “victimed vehicle”) who proceeded to turn to the left at the two-lane, a straight line, in the situation of the collision of roads adjacent to the Busan Northern-dong Busan-dong Busan-dong Office, and continued to turn to the left at the two-lane, a straight line. The fact that the vehicle of the Plaintiff, who was going to the rear side of the damaged vehicle, paid the shock insurance money to the 8,965,40 won after the damaged vehicle, did not have any dispute, and the purport of the entire pleadings and arguments by the Plaintiff
2. Although the accident occurred on the road at which the speed limit is 60 km, the driver of the plaintiff vehicle driven at the speed of 97 km per hour while the driver of the plaintiff vehicle shocked the damaged vehicle at the speed of 97 km in advance, even though it was possible to clearly recognize in advance the operation of the damaged vehicle, etc., without speed.
The driver of the defendant vehicle shall keep two lanes without changing the course into a one-lane, which is a left-hand turn prior to the arrival of a three-lane.
On the other hand, the left turn was made from the two-lanes.
In light of all the circumstances that can be acknowledged by the aforementioned evidence, such as the circumstances surrounding the accident, it is reasonable to deem that the accident in this case was caused by the negligence of the Plaintiff’s driver and the negligence of the Defendant’s driver, and that the negligence ratio is 5:5.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 4,482,70 as indemnity (=8,965,400 x 50%) and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from September 14, 2017, which is the date of the final payment of insurance proceeds, to December 13, 2018, which is appropriate for the Defendant to dispute over the existence or scope of the obligation to pay to the Plaintiff, from September 14, 2017, to the date of final payment of insurance proceeds.
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