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(영문) 서울중앙지방법원 2020.10.16 2020나34560
구상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. At the time of the occurrence of the basic fact-finding accident, the Defendant’s vehicle parked in the front side of the bus stops in front of the upper bus stops (hereinafter “instant road”) on October 22, 2019 at the time of the collision between the Plaintiff’s insured vehicle CD on October 2, 2019 and the front side of the Defendant’s vehicle on the front side of the bus stops located in the front side of the bus stops located in the instant three-lanes of the instant road in which the Plaintiff’s vehicle was driven along the two-lanes of the instant road in which the vehicle is located at the speed of 731 located in the winter-dong 731 located in the dong-dong, Youngcheon-si. The instant accident occurred in the front side of the bus stops installed in the instant three-lanes of the instant road and the front side of the Plaintiff’s vehicle. The amount of the insurance money paid is as follows:

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 9, Eul evidence 1 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s instant accident is an accident that occurred by the Defendant’s driver across two lanes and immediately cut in the future of the Plaintiff’s vehicle. The Plaintiff’s driver was difficult to predict that the Defendant’s vehicle would street off the two lanes, and the Plaintiff’s driver could not avoid any collision because the Defendant’s vehicle was proceeding on the ground that the collision could not be avoided. Therefore, the Defendant’s negligence should be recognized.

B. The instant accident occurred with the wind that the driver of the Plaintiff’s vehicle neglected his duty of safe driving, such as failure to perform his duty of safe driving, because the Defendant’s vehicle turned on the left-hand direction, and thus, the driver of the Plaintiff’s vehicle could have discovered the entry of the Defendant vehicle. Therefore, the negligence of the driver of the Plaintiff’s vehicle should be considered.

3. Determination

A. According to the above basic facts, the accident of this case extends two lanes to the plaintiff's vehicle at night.

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