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(영문) 서울중앙지방법원 2020.01.15 2019나36676
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”).

C Around November 25, 2018 at the time and around 15:12, 2018, the Plaintiff’s vehicle in the situation of collision (hereinafter “instant road”) was in the middle of the instant two-lanes of the instant road (except for the instant two-lanes of diskettes). However, in the course of the Defendant’s vehicle combining the said two-lanes from the right side of the road to the first lane, the Defendant’s vehicle was in the front right side of the Plaintiff’s vehicle and the part of the Defendant’s vehicle paid the insurance money that was shocked to the left side of the left side (based on recognition), and there is no dispute over the payment of KRW 5,176,00 on January 14, 2019, and the purport of the entire pleadings and arguments.

2. Determination

A. According to the above evidence, the defendant vehicle's fault ratio of the plaintiff vehicle and the driver of the defendant vehicle is as follows: at the time of combination into the two lanes of the road of this case, the vehicle of this case is changed to the one-lane without properly examining the fact that the plaintiff vehicle was in close vicinity to the two lanes of the road of this case.

The accident of this case occurred.

On the other hand, in view of the fact that the driver of the Plaintiff’s vehicle could not anticipate the replacement of the vehicle to the first lane beyond the two lanes of the instant road, the driver of the Plaintiff’s vehicle is not entitled to the negligence of the Plaintiff’s driver in the instant accident.

Ultimately, the instant accident occurred by the unilateral negligence of the driver of the Defendant vehicle.

B. According to the theory of lawsuit, the Defendant’s reimbursement amounting to KRW 5,176,00 and its payment date of insurance money, from January 15, 2019, to February 19, 2019, the delivery date of a copy of the complaint in this case, 5% per annum as prescribed by the Civil Act, and from the next day to May 31, 2019, Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 2(2) of the Addenda of the Regulations on Special Cases Concerning Legal Proceedings, Article 3(1) of the former Enforcement Decree of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings,

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