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(영문) 서울중앙지방법원 2020.12.18 2020나31998
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

[Claim]

Reasons

1. At the time of the basic fact-finding accident, the following circumstances are as follows: (a) the situation of collision between the Plaintiff’s vehicle and the Plaintiff’s front and the Plaintiff’s vehicle in light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light light (hereinafter “the instant accident site”) on September 18, 2019, including the time when the Plaintiff’s vehicle will refer to the driver of the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s vehicle”) at the time of the occurrence of the instant accident: (b) the Plaintiff’s vehicle proceeds one bicycle line from the light light light light light light light light light distance to the bicycle line; (c) the Plaintiff’s vehicle stopped on the two-lane side of the two-lane line for passengers’ getting off; and (d) the Defendant’s vehicle stopped on the two-lane side of the two-lane line.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-6, Eul evidence No. 1 and the purport of the whole pleadings

2. Determination

A. The summary of the parties’ assertion (1) The Plaintiff’s vehicle, while changing its course from the first lane to the second lane, does not stop inevitably and stop in order to avoid collision with the bus traveling at the latter side of the two lanes, without any justifiable reason. The instant accident occurred due to neglecting to take measures for the prevention of accidents, such as maintaining and accelerating safety distance while driving the Defendant vehicle, thereby constituting one negligence of the Defendant vehicle.

(2) When the Plaintiff’s vehicle driving along a two-lane after passing along the Defendant’s vehicle, the vehicle starts in front of the Defendant’s vehicle and proceeds over the 12-lanes, and re-enters the two-lanes into the two-lanes, in the process of changing the course to the two-lanes, the Plaintiff’s vehicle rapid stop on the part of the two-lanes, and there is a conflict with the Defendant’s vehicle normally driving along the one-lanes, and the Plaintiff’s vehicle attempted to change the normal course.

(b) judgment (1).

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