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(영문) 서울중앙지방법원 2020.07.08 2019나65117
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. At the time of the accident of recognition, the insured vehicle C (hereinafter “Plaintiff”) D (hereinafter “Defendant vehicle”) of the insured vehicle in the insurance relationship with the Plaintiff at the time of the accident, entered the same lane on December 18:3, 2018 at the time of the collision between the front intersection and the front intersection (section 2) in the front intersection (section 3:00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,000,00,00,00,000,00,00,00,00,00,00,00,000,00,00,00,00,00,00,00,00,00,00,00,00,0

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. In full view of the following circumstances acknowledged by the evidence mentioned above, the instant accident is deemed to have occurred by concurrent negligence by the driver of the original Defendant vehicle, and the negligence ratio is 50%:50%.

① Inasmuch as the wheel intersection, which is the place of the instant accident, has the duty of care to drive a vehicle while driving the vehicle or driving the direction while driving the vehicle, due to the structural characteristics of the said vehicle, a driver has the duty of care to drive the vehicle by taking a more closely into account the movement of another vehicle.

In addition, the driver of any motor vehicle who intends to change course shall attempt it at a safe speed and method depending on the speed, course and other road conditions of the surrounding motor vehicle. In the case of the intersection, special attention is required to prepare for change of course of another motor vehicle because of frequent change of course in the intersection.

(2) The driver of the plaintiff vehicle shall be the driver of the vehicle in one lane which is one lane.

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