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(영문) 서울중앙지방법원 2020.05.13 2019나38832
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. At the time of the basic fact-finding accident, the insured vehicle CD of the insured vehicle of the Plaintiff, the insured vehicle of the Plaintiff, at around 13:00 on October 13, 2018 at the time of the occurrence of the basic fact-finding accident, and the insured vehicle of the Defendant (hereinafter “Defendant vehicle”) (hereinafter “Plaintiff vehicle”) changing the two lanes from the first to the second two lanes, as indicated in the attached site map of the accident, to the insured vehicle of the Plaintiff’s insured vehicle of the Defendant vehicle of March 14, 2019, the Plaintiff paid insurance proceeds to the insured vehicle of the Plaintiff’s KRW 909,000 on March 14, 2019 as follows.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The location of the instant accident was an access road to an expressway, which is not a general road, at a point where the river lane begins, not an ordinary road, and it was possible to predict the change of course to a point of the road section, and the Defendant’s vehicle was at fault with speeding. As such, the Defendant was at fault of 50% on the instant accident. Therefore, the Defendant is obliged to pay the Plaintiff the amount of damages incurred by the instant accident, which corresponds to 54,500 won, corresponding to 50% of the fault ratio of the Defendant’s vehicle, among the Plaintiff’s damages incurred by the instant accident, and damages for delay.

B. The following circumstances revealed by the evidence and the purport of the entire pleadings, i.e., the instant accident: (a) the Plaintiff’s vehicle driving along the first lane does not turn on the direction direction, etc. from the distance of the Defendant vehicle to the second lane; and (b) the Plaintiff’s vehicle was damaged by the front part of the Plaintiff’s vehicle’s right side to the lower part; and (c) the Defendant’s vehicle driven along the second lane in a normal direction.

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