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(영문) 서울중앙지방법원 2019.02.19 2018나62920
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

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

At the time of the accident, on November 5, 2017, at the time of the accident, the insured vehicle of the Plaintiff (hereinafter “Plaintiff”), the Defendant insured vehicle (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”), around 18:00 on November 5, 2017, at the time of the accident, the vehicle of the Plaintiff was moved by right from five lanes (the front lane), and the Defendant’s vehicle entered the third line in each way by right from six lanes (the front lane). From the second lane of the third line road of the above Part, the front portion of the Defendant vehicle and the front portion of the Plaintiff vehicle’s operation as well as KRW 832,00,00, the amount of the insurance proceeds paid by the collision and KRW 208,000,000, self-paid insured self-paid vehicle of the Plaintiff’s insured self-paid vehicle of the

B. On November 17, 2017, the Plaintiff paid KRW 832,00,00, after deducting KRW 208,000 of the self-charges, for damages, such as the cost of repairing the Plaintiff’s vehicle due to the foregoing accident.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, 7 evidence, Eul's 1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings

2. The circumstances leading up to the accident that can be found based on the above recognition fact and evidence, that is, the defendant vehicle entered the right side of the plaintiff vehicle bypassing it from the third line to the third line, and the accident of this case occurred on the wind that the plaintiff vehicle entered the two-lane, not from the edge of the plaintiff vehicle, but from the edge of the two-lanes where it has not yet been completely moved. However, the plaintiff's vehicle entered the third line, while entering the third line, was stopped later than the preceding vehicle to enter the one-lane after the right side before the right side of the vehicle. However, it cannot be said that there is no negligence in that the plaintiff vehicle moving the above preceding vehicle, while moving, is not followed by the rear side of the preceding vehicle, and it is inconsistent with the defendant vehicle that enters the two-lane road again.

And the circumstances of the accident and the degree of conflict, and the degree of conflict.

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