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(영문) 서울중앙지방법원 2019.11.13 2019나39101
구상금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded an automobile insurance contract on the C Rounding Vehicle (hereinafter “Plaintiff vehicle”), and the Defendant concluded the automobile insurance contract on D dump trucks (hereinafter “Defendant vehicle”).

B. Around 11:00 on June 10, 2016, the driver of the Plaintiff’s vehicle driven the Plaintiff’s vehicle and driven the Plaintiff’s vehicle at the opposite lane, and the Plaintiff’s driver died, etc., while driving the two-lane road “Cho-ri 28” in front of the “Cho-ri 28, Tri-ri 38, Tri-ri, Tri-ri, Tri-ri, Tri-ri, Tri-ri, a two-lane road from E to Fri-ri-ri.

(hereinafter “instant accident”). C.

As the insurer of the Plaintiff’s vehicle, the Plaintiff paid the Plaintiff’s counterpart insured KRW 121,96,070, totaling KRW 107,030,00, and KRW 14,966,070, to the Defendant side insured.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 to 1 to 6 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), video, and the purport of the whole pleadings

2. The parties' assertion

A. Although the driver of the Plaintiff’s vehicle was negligent in running the central line over the Plaintiff’s driver, the Defendant’s driver also was negligent in neglecting the duty to keep the Plaintiff’s vehicle in front at a speed exceeding the speed of the two-lanes, which is at the speed of 30 km each hour in the children’s protection zone. The Defendant’s driver also was negligent in driving the Plaintiff’s vehicle on a one-lane basis without any particular reason for driving the vehicle on the one-lane, and such negligence also led to the cause of the instant accident and the expansion of damages.

B. The instant accident occurred due to the negligence of the Plaintiff’s driver on board the central line.

3. Determination

A. In general, a motor vehicle driver who operates a road along which a median line is marked along his/her lane is trusting that the motor vehicle coming from a marina line is operated in compliance with his/her own lane.

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