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(영문) 서울중앙지방법원 2019.04.17 2018나65561
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The circumstances surrounding the instant accident are as follows.

At the time of the accident, at around 19:35 on June 21, 2018, the insured vehicle of the Plaintiff (hereinafter “Plaintiff”), Defendant insured vehicle (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”) entered the right side of the Defendant vehicle and the driver’s seat in front of the Plaintiff vehicle and the driver’s seat in front of the Plaintiff vehicle in the Daegu Metropolitan City, Daegu Metropolitan City, with a large distance from the Ttimari three-lane, the Defendant’s vehicle in the situation of road collision in the vicinity of the Ttimari road, coming from the above side road to the right side and stopped at the point of the accident in order to move back to the right side. In order to move to the right side of the vehicle in the same direction, the Plaintiff vehicle moving to the front side of the Defendant vehicle and the driver’s seat in front of the Plaintiff vehicle, the front 4,177,000,500,500,000,000,00,00,00 won, for self-paid vehicle in front of the Defendant vehicle.

B. On July 3, 2018, the Plaintiff paid KRW 3,677,00,00, after deducting KRW 500,000 of the self-paid cost for damages, such as the cost of repairing the Plaintiff’s vehicle due to the foregoing accident, as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 7 evidence, Eul evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant accident, the Defendant’s vehicle stopped beyond the center line on the backway and left the right space on the left side of the road at the point where the accident occurred without any marking for the right-hand transit, such as direction direction, etc. The Plaintiff’s vehicle has a sufficient space for the right-hand side of the Defendant vehicle to ensure the right-hand side of the vehicle, making it slowly, and making a stop before entering the road as soon as possible. However, the instant accident occurred, such as the Defendant’s vehicle’s vehicle’s driver attempted to make a right-hand turn, without considering the movement of the Plaintiff’s vehicle parked on the right-hand side.

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