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(영문) 서울중앙지방법원 2019.01.11 2018나45734
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

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

At the time of the accident, at around 18:30 on July 13, 2017 at the time of the accident, the insured vehicle CD of the insured vehicle of the plaintiff insured vehicle of the defendant insured vehicle of the defendant, and around 18:30 on July 13, 2017, the situation of the collision around the access road to the Y apartment of the defendant, the vehicle of the plaintiff in the situation of the above location, along the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the road to the right-hand side. The defendant vehicle of the above location did not avoid the vehicle of the plaintiff and the two-lanes of the plaintiff vehicle's right-hand side of the vehicle of the defendant vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the vehicle of the defendant. The fact that there is no dispute over the payment of the insurance proceeds [based]

2. The parties' assertion

A. The driver of the Plaintiff’s vehicle installed a structure on the body of the Defendant’s vehicle, which has a high weight-centered level, and thus, despite the duty of care to drive safely while driving, the Plaintiff’s driver neglected the duty of front-time care and delayed detection of the Plaintiff’s vehicle that changed the lane, thereby moving the Defendant’s vehicle to the right side. Thus, the Defendant’s fault ratio of the Defendant’s driver on the occurrence of the instant accident should be deemed to be 50%, and therefore, the Defendant is obliged to pay the Plaintiff a reimbursement equivalent to the percentage of the Defendant’s driver’s fault.

B. The instant accident occurred due to the total negligence of the Plaintiff’s driver, without examining whether there are other vehicles running along the two lanes without operating direction direction, etc., and changing the lane rapidly.

3...

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