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(영문) 서울중앙지방법원 2020.07.10 2019나79017
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. On December 4, 2018, at the time of the occurrence of the basic fact-finding accident, the insured vehicle CD of the insured vehicle of the insured vehicle of the insured vehicle of the Plaintiff at the time of the accident, where around 20:53 on December 4, 2018, the collision situation on the road of 421 on the Seo-gu Incheon Seo-ro (hereinafter “the road of this case”), where the Plaintiff’s vehicle had a three-lanes of the road of this case (hereinafter “the road of this case”), where the Plaintiff’s vehicle had a three-lanes of the road of this case toward the E apartment room, the accident of this case was caused by the collision with the Plaintiff vehicle while the Defendant vehicle left the road of this case from the course coming from the F apartment parking lot on the right side of the direction of the vehicle of the Plaintiff to the road of this case and left the left. The accident of this case occurred on January 8, 2019 as follows:

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 7, Eul evidence 2 and the purport of the whole pleadings

2. The parties' assertion

A. The accident of this case by the plaintiff occurred at the wind of the defendant vehicle to make a prompt turn to the left, coming from small on the road, and the plaintiff vehicle was in a normal speed, and it was difficult to secure it at night. In the situation where it was difficult to do so, the defendant vehicle could not predict or avoid it to protruding from the vehicle located in the two-lanes. Thus, the accident of this case occurred due to the total negligence of the driver of the defendant vehicle.

B. The Defendant’s instant accident is to turn to the left at a three-distance intersection without signal, and the Defendant’s vehicle was shocked by driving at a rapid speed of the Plaintiff’s vehicle. As such, the instant accident was caused by competition between the Plaintiff’s driver and the Defendant’s driver’s negligence. Therefore, in calculating the fault ratio of the instant accident, the Plaintiff’s negligence should be considered.

3. Determination

(a) Domins, knife, f.

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