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(영문) 서울중앙지방법원 2018.04.17 2017나88673
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

[Claim]

Reasons

1. The circumstances leading up to the instant accident are as follows.

At the time of the accident, the insured vehicle A, at the place of 07:30 on December 19, 2016 at the time of the insured vehicle A, insured vehicle B, and at the place of Incheon Gyeyang-gu, the insured vehicle (hereinafter referred to as “Defendant vehicle”) in the status of parking lot collision in D located in Gyeyang-gu Incheon Metropolitan City, passes beyond the insured vehicle (hereinafter referred to as “Plaintiff vehicle”) in the right-hand space where the insured vehicle moving hand to the right-hand side from the above parking lot to the right-hand side while moving back hand from the above parking lot to the left-hand side, and then the insured vehicle (hereinafter referred to as “Plaintiff vehicle”) is in the front-hand space after the left-hand side of the Defendant vehicle, and there is no dispute over KRW 5,162,00,00 of the insured vehicle’s own charges for self-paid vehicle loss in front of the right-hand side of the Plaintiff vehicle [based grounds for recognition], Gap evidence No. 1 through 4

2. The Plaintiff asserts that the instant accident occurred due to the unilateral negligence of the Defendant’s driver, and claimed the full amount of the insurance money paid by the Plaintiff and the damages for delay from the day following the date of the final payment. In response, the Defendant asserts that the negligence of the Plaintiff’s driver is larger than the negligence of the Defendant’s driver.

In cases where she intends to see, turn to the left, turn to the left, cross-turn, turn to the left, take a stop, change course while proceeding in the same direction, he/she shall give a signal with his/her hand, direction indicator or light until the act is completed (Article 38 (1) of the Road Traffic Act), and the driver of any motor vehicle shall pass along the left side of the motor vehicle ahead, if she intends to pass another motor vehicle ahead.

(Article 21(1) of the Road Traffic Act. According to the above facts and the evidence revealed earlier, the Plaintiff’s vehicle is recognized as not having taken measures such as emergency lights at the time of the aftermath of the vehicle, but the Defendant’s vehicle, which was driven at the front of the Plaintiff’s vehicle, did not properly look at the Plaintiff’s vehicle without any particular signal.

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