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(영문) 서울중앙지방법원 2020.08.26 2020나32274
부당이득금
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. Basic facts

A. With respect to the Plaintiff Oralba (hereinafter “Plaintiff Oralba”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to D vehicles (hereinafter “Defendant”).

B. Around 14:00 on June 14, 2019, Plaintiff Otoba driven Plaintiff Oba, waiting for the signal to turn to the left at the H apartment direction in Daejeon East-dong E-gu, Daejeon to turn to the left from the G intersection direction, and Defendant vehicle drivers were waiting for the signal next to Plaintiff Oba to turn to the left in the same direction.

Plaintiff

The driver of the Otoba has almost completed the left turn according to the new subparagraph, and tried to enter the third lane of the straight lane, and the first lane has changed to the two-lane of the bus lane. The driver of the defendant vehicle, following the plaintiff Otoba, trying to enter the second lane at a speed lower than the plaintiff Otoba, and the driver of the defendant vehicle, following the plaintiff Otoba, tried to change the course of the defendant vehicle into the two-lane of the two-lane, and the driver changed the course of the defendant vehicle to the three-lane direction, and the driver tried to change the course of the defendant vehicle to the three-lane direction, and the driver changed to the three-lane direction of the vehicle, the right side of the plaintiff Otoba, who was

(hereinafter referred to as “instant accident”). C.

At the I Committee, the ratio of the negligence between the plaintiff Oral Ba driver and the driver of the defendant's vehicle was 40%: 60%. The plaintiff paid 1,490,890 won to the defendant out of the repair cost of the defendant's vehicle, which is equivalent to the above negligence ratio of the plaintiff Oral Ba driver.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. The driver of the Defendant vehicle, who claimed by the Plaintiff, takes a left-hand turn under the Road Traffic Act, and is running at a considerable speed to overtake the vehicle while the Plaintiff’s vehicle, who is the preceding vehicle, changes the lane.

Plaintiff .

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