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(영문) 서울중앙지방법원 2019.09.18 2019나23649
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. At the time of the instant accident, the Plaintiff’s vehicle CD date of the instant accident: (a) went into two lanes on June 18, 2018 at the time of the instant accident; (b) the two-lanes of the road in the vicinity of the E-Eup/Myeon, and the one-lanes of the Defendant’s vehicle changed into the one-lanes to drive a U-turn; and (c) on August 9, 2018, the date of the final payment of insurance proceeds secured by the Plaintiff’s vehicle damage security insurance proceeds [based on recognition] on August 9, 2018; (d) there is no dispute over the payment of insurance proceeds in front of the left part of the Defendant’s vehicle and the one-lanes of the Plaintiff’s vehicle that proceeded into the one-lanes of the two-lanes of the road accident situation; and (e) the purport of the entire arguments and arguments.

2. In light of the following circumstances, it is reasonable to deem that the instant accident occurred due to the overall negligence of the Defendant’s driver.

① Although the point of the instant accident is where the U.S. is prohibited, the Defendant’s driver was rapidly operating the steering gear toward the first lane without turning on the direction light to drive an illegal U.S. engine.

② The Plaintiff’s driver, who was in the process of driving one lane, could not anticipate the above abnormal movement of the Defendant’s vehicle.

Although yellow on-and-off signals are installed at the location of the accident in this case and a temporary stop line is located on the road immediately before entering the intersection, in light of the fact that at the time the driver of the Plaintiff’s vehicle entered the intersection while driving along the intersection, etc., the driver of the Plaintiff’s vehicle has no duty of care to drive the vehicle by predicting that the Defendant’s vehicle would rapidly change its course within the intersection to make an illegal internship.

3. In conclusion, the Defendant shall pay to the Plaintiff the amount of KRW 14,744,00 as indemnity, and the amount of delay damages calculated by applying 5% per annum under the Civil Act from August 10, 2018 to November 22, 2018, which is the delivery date of a copy of the complaint, to the Plaintiff from August 10, 2018, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

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