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(영문) 서울중앙지방법원 2019.05.10 2018나71634
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. The circumstances leading up to the instant accident are as follows.

At the time of the accident, the insured vehicle CD on February 23, 2018 at the time of the accident, when the Plaintiff’s insured vehicle CD on February 20, 2018, when the vehicle in the situation of the collision to the intersection near the bus stops in Seocho-gu Seoul, Seocho-gu, Seoul is moving to the direction of the main car distance at the above intersection and driving on the five-lane road, while the vehicle in the situation of the collision was moving to the direction of the main car distance at the above intersection, the payment of the insurance money paid to the Defendant vehicle to the fronter part of the right side of the Plaintiff’s vehicle was 896,900 won on April 5, 2018, without any dispute over the 223,000 won of the self-paid share of the insured self-paid vehicle in the payment of KRW 896,900 as the repair cost of the Plaintiff vehicle, each entry and

2. The parties' assertion

A. The instant accident occurred due to the total fault of the Defendant vehicle, since the Defendant’s vehicle, while making a large radius, was shocking the Plaintiff’s vehicle while driving in normal hours.

B. The instant accident occurred due to the overall fault of the Plaintiff’s vehicle, since the Plaintiff’s vehicle tried to change its course from five lanes to four lanes in violation of the crossing method and the method of change of course, and the Defendant’s vehicle with a preferential right of passage, which is normally U.S. according to the left-hand turn turn turn.

3. Determination

A. In full view of the following circumstances, the Plaintiff’s vehicle at the time of the instant accident: (a) appears to have been going to enter the Defendant’s vehicle with excessive U-turn at the time of the instant accident along with the four-lane or five-lanes in the opposite direction; (b) while taking account of the shocking part of both vehicles (the front part of the Defendant’s vehicle in front of the left side), the Plaintiff’s vehicle appears to have been on the front side of the Plaintiff’s vehicle in front of the left side of the vehicle).

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