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(영문) 서울중앙지방법원 2020.09.09 2019나58409
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 up to the instant accident are as follows.

At the time of the accident, at around 12:50 on January 6, 2019 at the time of the accident, the insured vehicle CD of the Plaintiff insured vehicle, the insured vehicle, and at the time of the accident, the insured vehicle attempted to turn to the left at the two-lanes of the two-lanes of the two-lanes of the two-lanes of the above intersection in the collision situation into the Seo-gu Incheon apartment crossing in Seo-gu, Gwangju, Gwangju, the two-lanes of the two-lanes of the two-lanes of the above intersection, and the part of the front part of the Plaintiff’s vehicle, which was proceeding one-lane in accordance with the two-lanes of the two-lanes of the left, was paid to the shock insurance money, and 2,402,00 won was paid to the shock insurance money, and 200,000 won of the self-paid vehicle and the insured vehicle

2. In light of all the circumstances that can be recognized by the evidence mentioned above, such as the place of accident, collision, etc., the accident in this case is reasonable to deem that the accident in this case was caused by the negligence of the Defendant’s driver who committed a sudden internship, in violation of the signal, in light of the following circumstances: (a) the Defendant’s vehicle, prior to the Plaintiff’s vehicle, was shocking the Plaintiff’s vehicle driving at the first lane pursuant to the straight line; (b) the Defendant’s vehicle used an emergency, etc. and reduced the speed on the road side; and (c) the Defendant’s vehicle changed the lane to the first lane; (d) it seems difficult for the Defendant’s vehicle to expect that the Plaintiff’s vehicle would drive on the road side; and (e) it is difficult for the Plaintiff’s vehicle driver to anticipate on the road; and (e)

Therefore, the Defendant’s reimbursement amounting to KRW 2,402,00 (=total damages amounting to KRW 2,602,000 x 100% - self-payment amounting to KRW 200,000 and Supreme Court Decision 2015Da236431 Decided January 28, 2016) and the payment of insurance money as to this, the Defendant’s payment of KRW 5% per annum as prescribed by the Civil Act from January 25, 2019 to May 28, 2019, which is the delivery date of a copy of the complaint of this case, and from the following day to the date of full payment.

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