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(영문) 대전지방법원 2019.06.21 2018나118167
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 Plaintiff’s assertion is a mutual aid business entity of a private taxi of C (hereinafter “Plaintiff”) and the Defendant is a mutual aid business entity of D (hereinafter “Defendant”)’s taxi.

On March 16, 2018, the accident that conflict with the defendant's vehicle, which was directly located on the right side in the right side of the right side of the fourth-lanes in the right side of the right side between the fourth-lanes in the right side and the fourth-lanes in the right side of the right side between the fourth-lanes in the right side of the right side (hereinafter referred to as the "accident in this case").

The accident of this case is about 50:50 degree of negligence of the defendant vehicle that found the plaintiff vehicle in the right of way and found the plaintiff vehicle in the right of way while trying to proceed straight on the vehicle line with the plaintiff vehicle that violated the duty of care at the time of entering the right of way.

Therefore, the Plaintiff claims 50% of the amount of KRW 958,740 paid to the passengers of the Plaintiff vehicle with medical expenses and the amount agreed upon as the amount of the insurer subrogation.

2. The key issue is how to see the fault ratio between the Plaintiff and the Defendant regarding the instant accident.

The situation of the accident in this case is the same as the approximate Attachment 2-2. At the time, the defendant vehicle was in direct presence in accordance with normal straight line signals, and in this case, the plaintiff vehicle should have left the right-hand vehicle after passing the vehicle on the left-hand side of the front bank, or should have left the right-hand vehicle safely after changing the signal.

In particular, even though the non-motor vehicle that attempted to make a right-hand turn prior to the Plaintiff’s vehicle stops while waiting to stop the right-hand vehicle in a normal way, the instant accident seems to have occurred while the Plaintiff’s vehicle attempted to make a right-hand turn by excessively overtaking the non-motor vehicle normally stopped on the right-hand side as above while attempting to make a right-hand turn (it is a situation in which it is difficult to leave the right-to-faced vehicle on the right-hand way while leaving the right-hand vehicle).

Plaintiff .

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