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(영문) 서울중앙지방법원 2019.11.26 2019나48143
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

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

At the time of the accident, the plaintiff's insured vehicle CD of the insured vehicle of the defendant insured vehicle at the time of the accident, and the plaintiff's vehicle in the situation of the death distance accident of the member art gallery at the top of the Y-gu in Ansan-gu, Ansan-si on November 12, 2018 at the time of the accident, in the course of the change of course into three-lanes, the defendant's vehicle, which was proceeding in the second two-lanes while the vehicle was in a straight line at the above three-lanes of the above location, is in conflict with the plaintiff's vehicle. The payment of insurance money is 63

B. In the instant accident, the E Committee decided that the fault ratio of the Plaintiff’s driver and the Defendant’s driver was 10:90, and decided that the Defendant would pay KRW 568,179, which is KRW 90,000, insurance money to the Plaintiff’s driver.

C. The Plaintiff filed the instant lawsuit against the foregoing decision and the judgment of the first instance court rendered a judgment ordering the Defendant to pay KRW 548,179 and its delay damages to the Plaintiff, taking into account the self-paid expenses paid by the Plaintiff’s driver, while it is difficult to view that the decision on the ratio of negligence by the E Committee was clearly erroneous.

[Ground of recognition] The fact that there has been no dispute, Gap 1 through 8 (including the number of each party), the purport of the whole pleading

2. Summary of and judgment on the grounds for appeal

A. The driver of any motor vehicle in the summary of the grounds for appeal shall not change the course when it is likely to impede the normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route (Article 19(3) of the Road Traffic Act). In addition, the point of accident in this case was the place where the driver of any other motor vehicle is marked with the ground of the real lines prohibiting the change of lanes.

Nevertheless, the defendant's vehicle changed the lane in violation of the above norms, thereby causing the accident of this case, and in particular, the left side of the plaintiff's vehicle is examined.

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