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(영문) 서울중앙지방법원 2020.05.13 2019나58522
구상금
Text

1. The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.

2...

Reasons

1. At the time of the occurrence of the underlying fact, the Plaintiff, on June 17, 2019, entered the insured vehicle’s insured vehicle CD at the time of the occurrence of the basic fact-finding accident, who entered the two lanes by changing the two lanes from three to two lanes by the insured vehicle (hereinafter “Plaintiff”) to the two lanes in the situation of the collision near the intersection of the border of the F Bank at the Gunsan-si, Si, Gunsan-si (hereinafter “Defendant vehicle”) under the new name, and the Plaintiff paid the insurance proceeds of the collision (hereinafter “instant accident”) to the insured vehicle’s insured vehicle’s insured vehicle’s insured vehicle’s insured worker’s insurance cost of KRW 814,000 for the repair cost of KRW 811,00 for the self-paid vehicle’s insured worker’s insurance cost of KRW 11,000,000, as follows.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 7, 14, 15, and Eul evidence Nos. 1 through 3 and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The instant accident is an accident caused by the negligence of the Defendant’s driver of the vehicle that entered the intersection, disregarding the yellow signal at the front of the intersection, entering the intersection, or going slowly without passing through the intersection, and negligence caused by neglecting the duty of fronting by the Plaintiff’s driver, and the Defendant’s negligence of 80% on the instant accident. Therefore, the Defendant is liable to pay to the Plaintiff the Plaintiff the amount of compensation for reimbursement, 630,000 won, deducting self-paid charges from 80% of the fault ratio of the Plaintiff’s vehicle, out of the total amount of damages incurred by the instant accident.

(The plaintiff sought payment of KRW 296,00 from the first instance trial to its delay damages, but this Court expanded the claim as above. (b)

Judgment

In full view of the following circumstances, it is reasonable to view that the instant accident occurred due to the unilateral negligence of the Plaintiff’s vehicle, in light of the evidence and the purport of the entire pleadings as seen earlier.

① The location of the instant accident.

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