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(영문) 서울중앙지방법원 2020.12.18 2020나22567
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. On June 13, 2019, the date when the insured vehicle D (including the time when the driver referred to as “Plaintiff”) of the insured vehicle D (hereinafter referred to as “Defendant vehicle”) of the Plaintiff insured vehicle at the time of the occurrence of the basic fact-finding accident (hereinafter referred to as “the instant accident site”) referred to as “Defendant vehicle”), including the time when the driver referred to as “Defendant vehicle”) was designated, shall be as follows: (a) on June 13, 2019, the vehicle in the situation of the collision on the fourth-lane road (hereinafter referred to as “the instant accident site”) at the time of the accident at the time of the accident; (b) the Defendant vehicle driven in two-lanes depending on the same direction while driving in the three-lane course of the instant accident at the same time; and (c) on August 7, 2019, the amount of the insurance proceeds paid for the conflict between the Defendant vehicle’s repair cost of KRW 876,900 and the part preceding the left side of the Plaintiff vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-6, Gap evidence Nos. 8-11, Eul evidence Nos. 1-3 (including additional evidence) and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the accident in this case was due to the unilateral negligence of the defendant's vehicle that rapidly changed the course without operating the direction direction, etc., the defendant asserts that the defendant should fully recognize the negligence of the plaintiff's vehicle that did not yield the normal course to the defendant's vehicle that changed the course.

B. (1) In light of the following circumstances, it is reasonable to view the negligence ratio of the Plaintiff’s vehicle and Defendant’s vehicle in relation to the instant accident as 20: (a) in light of the above-mentioned facts and the evidence revealed earlier, such as the characteristics of the accident site, the background of the accident, the degree of collision and shock, and the degree of shock.

The driver of any motor vehicle who intends to change course of the motor vehicle in front shall attempt it at a safe speed and in a safe way according to the speed, course and road conditions of the motor vehicle in front, in this case.

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