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(영문) 서울중앙지방법원 2020.05.29 2019나67878
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. The circumstances leading up to the instant accident are as follows.

At the time of the accident, on November 28, 2018 at the time of the accident, the insured vehicle of the Plaintiff (Plaintiff’s insured vehicle) (Defendant’s insured vehicle) CD on November 10:33, 2018 at the time of the accident, the vehicle of the Plaintiff’s insured vehicle (Defendant’s vehicle), along the three-lanes of each side of the road (hereinafter “instant road”). The vehicle of the Plaintiff was driven along the three-lanes. The vehicle of the Plaintiff entered the two-lanes through the first lane through the three-lanes to the right side by changing the lanes. The instant accident of this case conflicts with the upper part of the Plaintiff’s left side of the vehicle and the lower part of the vehicle following the Defendant. The Plaintiff’s repair cost for the vehicle of the Plaintiff’s insurance vehicle of KRW 7,09,500, the date of the final payment of the insurance proceeds for the self-owned vehicle of KRW 1 through 8,2018 (Evidence No. 7) / [based on recognition] the purpose of the pleading number No. A and the entire number No.

2. The plaintiff asserts that the accident of this case occurred due to the total negligence of the defendant's vehicle when the vehicle of this case was changing the vehicle of this case in a four-lane from the first to the third-lane as the vehicle of this case as the defendant's vehicle would cross the road.

In this regard, the defendant asserts that the driver of the plaintiff vehicle should be at least 50% of the negligence of the plaintiff vehicle because the driver of the plaintiff vehicle has concealed the defendant vehicle by speed despite being aware of the movement of the defendant vehicle that is changing the lane.

3. Determination

A. According to the facts found in the above basic facts and each of the above evidence, the driver of the defendant vehicle, who is the driver of the vehicle, should have made a right-hand turn while driving on the right-hand side in order to enter the right-hand side, and should have done a right-hand turn in order not to obstruct the passage of other vehicles. However, the driver of the defendant vehicle, while driving on the right-hand side, has gone through three lanes from the first way to the fourth way.

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