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(영문) 서울중앙지방법원 2020.05.27 2019나61498
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. Facts of recognition;

A. The Plaintiff is an insurer who has entered into an automobile insurance contract with the Plaintiff on the D Soviet vehicle (hereinafter “Plaintiff”).

The defendant is an insurer who has entered into automobile insurance for the E 25 tons dump truck vehicle (hereinafter referred to as "Defendant vehicle").

B. 1) Date and time of an accident: (a) around 08:02 on January 6, 2017, place: (b) G 3 in Eunpyeong-gu Seoul Special Metropolitan City E: Bicycle Drivers H (Nam, South and 82 years old): (c) finds the Defendant’s vehicle stopped in the two-lanes and changed rapidly to the one-lanes, and (d) changed to the one-lanes, the collision occurred with the Plaintiff’s vehicle driving at a speed of about 51 km at a speed of about 51 km. The collision portion is the front line of the Plaintiff’s vehicle, glass, and the left side of the bicycle left side. (c) The payment of insurance proceeds conflicts with the Plaintiff’s insurance proceeds: (a) The injury, such as an acute acute hiver blood transfusion, etc. caused by the instant accident, and entered the two-lanes, such as hair 1 to 85 years old; (b) the Plaintiff’s bereaved family was paid a total of KRW 10 to 170,207,717.

2. Determination

A. In full view of the evidence as seen earlier and the following circumstances acknowledged by the statements or images set forth in Section B(1) and Section B(1) through 26, the instant accident may be evaluated as being caused by the concurrence of the negligence of both the deceased and the driver of the original Defendant vehicle.

① 자전거를 운전하여 2차로를 주행하던 망인은 전방주시의무를 게을리 한 나머지 피고차량이 비상등을 켠 채 멈추어 서 있는 것을 뒤늦게 발견하였고, 피고차량 바로 뒤에서 급하게 1차로로 진로 변경하였다.

(2) The plaintiff's vehicle that runs ahead of a lane shall be time when the bicycle changes its course into one lane.

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