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(영문) 서울중앙지방법원 2020.02.14 2019나49665
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. At the time of the occurrence of the basic fact-finding accident, the insured vehicle CD at the time of the occurrence of the instant accident, which conflicts with the Defendant vehicle that changed the two lanes to move from the front intersection of the instant case while the Plaintiff was driving in the two lanes in the event of the collision between the office car in Hongsung-gun, Hongsung-gun at a place around 11:45 on April 30, 2018, Hongsung-gun, Hongsung-gun (hereinafter “instant revolving intersection”) at the location of Hongsung-gun, Hongsung-gun (hereinafter “instant revolving intersection”). The instant accident was destroyed by the accident of this case on May 31, 2018 by the lower part on the left side of the Plaintiff vehicle and the middle part on the right side of the Defendant vehicle. The amount of the insurance money paid at KRW 4,490,000,000, the insurance money paid at KRW 500,000, May 31, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 3, and the purport of the whole pleadings

2. Determination

A. The evidence revealed as follows, i.e., ① the Plaintiff’s vehicle at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at a low speed of driving and yield the course to the front vehicle, and ② the Defendant’s vehicle at the time of the accident at the time seems to have been entering the intersection at the time of the accident at the time of the accident at the time of the accident at the time when it appears that the Plaintiff’s vehicle would have been traveling ahead of the Plaintiff’s vehicle and entered the intersection at the instant intersection. Accordingly, it appears that the Defendant’s driver could have sufficiently known the situation of driving as above of the Plaintiff’s vehicle at the time. ③ Defendant’s vehicle was driving at a very rapid speed to overtake the Plaintiff’s vehicle even though it was in the first lane of the instant intersection, and was trying to drive the front vehicle at the instant intersection at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the vehicle.

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