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(영문) 서울중앙지방법원 2019.12.10 2019나47430
구상금
Text

1. Of the judgment of the court of first instance, the part in favor of the plaintiff exceeding the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. On October 6, 2015, at the time of the occurrence of the basic fact-finding accident, the non-party vehicle, the defendant vehicle, and the plaintiff vehicle at the intersection in front of the F Station located in Busan Eastdong-gu, the left left turn turn turn to the order of the latter vehicle, the non-party vehicle and the defendant vehicle after the left turn turn turn to the two-lane, and the plaintiff vehicle turn to the first lane. The non-party vehicle, immediately after the change of the course from the two-lane to the first one, has changed to the two-lane, and the non-party vehicle, the non-party vehicle of the defendant vehicle, even after the change of the course from the two-lane to the first one, was also changing to the two-lane to the first one, and the plaintiff vehicle of the defendant vehicle, who was driven after the rapid stop of the vehicle of the defendant vehicle, did not walk to the U.S. (the first half of the accident scene in the next half, the vehicle of the plaintiff, the plaintiff 2, and the defendant 2.

[See. 1,589,160 won in payment of insurance proceeds

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

I J F G H

B. The Plaintiff, the insurer of the Plaintiff, paid 1,589,160 won to two passengers on board the Defendant’s vehicle in total with medical expenses and agreed amount, and subsequently filed the instant lawsuit claiming reimbursement against the Defendant, the mutual aid business operator of the Defendant’s vehicle. The judgment of the first instance court sentenced the Defendant to the assessment of 40% of the negligence of the Plaintiff’s vehicle in the instant accident, 60% of the negligence of the Defendant’s vehicle and the Nonparty’s vehicle, and the assessment of 953,496 won and delay damages, which are 60% of the total damages, to the Plaintiff.

【Ground of recognition】 The fact that there is no dispute, Gap 1-4 evidence, Eul 1 evidence, and the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff’s Defendant’s vehicle, after completing the left turn at the intersection, entered the two-lane immediately, and at that place the Nonparty’s vehicle changed its course to the first lane due to the defect in driving or temporary suspension. The Defendant’s vehicle also changed to the first lane immediately after the change of course to the first lane.

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