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(영문) 서울중앙지방법원 2019.05.29 2018나66229
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

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 Temporary March 31, 2018, around 09:35, the same shall apply to the attached site map in the situation of collision to the intersection of the Yongdong-dong, Jung-gu, Seoul.

Amount of insurance proceeds paid shall be KRW 20,00,00 (based on recognition) for self-owned vehicle damage of KRW 200,000 as security of KRW 291,70,000 on April 19, 2018, without dispute over the facts, Gap evidence 1 through 6, Eul evidence 1-1, and the purport of the whole pleadings.

2. Determination

A. According to the Plaintiff’s vehicle and the Defendant’s driver’s negligence ratio A, No. 3, No. 1-1, or video, the Plaintiff’s vehicle’s two lanes to three lanes in the intersection in which the instant accident occurred.

It can be recognized that the part of the plaintiff's right-hand side and the part of the part of the defendant's vehicle which intends to enter a three-lane bypassing it to the above intersection is shocking the left-hand side of the defendant's vehicle, and if it is likely to obstruct the normal passage of other vehicles running in the direction of the change in the case of changing the course of the vehicle, the course shall not be changed (Article 19 (3) of the Road Traffic Act). The driver of the plaintiff's vehicle is negligent by unreasonably changing the course even though it could have seen the defendant's vehicle to enter the three-lane

I would like to say.

However, the instant accident caused the instant accident by interfering with the passage of the Plaintiff’s vehicle by checking the safety of the course by checking the movement of an adjacent vehicle in direct direction under the new subparagraph, and by neglecting the duty of care to make a full stop before entering the intersection so that the Defendant’s vehicle does not have any contact with the directly moving vehicle, etc., and thereby obstructing the passage of the Plaintiff’s vehicle.

Therefore, it is reasonable to deem that the instant accident occurred due to the principal negligence of the driver of the Defendant vehicle.

Accordingly, the plaintiff.

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