logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.08.14 2019나4983
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. The circumstances leading to the instant accident are as follows.

At the time of the accident, the insured vehicle (hereinafter referred to as "Plaintiff vehicle") shall be the insured vehicle.

Defendant’s insured vehicle (hereinafter referred to as “Defendant’s vehicle”).

CD On March 20, 2018, around 15:55 on March 20, 2018, the defendant vehicle is one lane for the defendant vehicle, and the plaintiff vehicle shall turn to the left at the two-lanes for the plaintiff vehicle, respectively, from the surface of the city bus terminal at the distance of 327 long-distance accidents in the 327 long-distance accident situation.

The lower part of the Defendant’s vehicle’s right side and the lower part of the Plaintiff’s vehicle’s left side and the lower part of the container (hereinafter “instant accident”) are shocked (hereinafter “instant accident”) insurance proceeds, and KRW 595,300, May 14, 2018. The fact that there is no dispute over the secured vehicle’s damage [applicable], Gap’s evidence Nos. 2 through 4, Eul’s evidence No. 1, Eul’s evidence No. 4, Eul’s evidence No. 5, and the purport of the whole pleadings, images, and arguments, respectively.

2. Determination

A. According to the evidence of the plaintiff vehicle and the driver of the defendant vehicle, the driver of the defendant vehicle is obliged to turn to the left while maintaining the vehicle line, and the driver of the defendant vehicle who caused the driver's vehicle's fault in the defendant vehicle, and the driver of the plaintiff vehicle who neglected the driver's duty to investigate the movement of the defendant vehicle, which caused the left turn to the left before, but did not perform the duty to prevent the accident, and it is reasonable to view the negligence ratio of the plaintiff vehicle and the driver of the defendant vehicle as 50:50.

The evidence submitted by the plaintiff alone changes the car line from one to three lanes after the left turn by the driver of the defendant vehicle.

It is insufficient to recognize that the accident of this case occurred, and there is no other evidence to acknowledge it.

B. Accordingly, in accordance with the theory of lawsuit, the Defendant’s reimbursement amounting to KRW 297,650 ( KRW 595,300 x 50%) and its scope from May 15, 2018, the following day following the payment date of insurance money, to the Plaintiff, as to the existence and scope of the Defendant’s performance obligation.

arrow