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(영문) 서울중앙지방법원 2020.05.22 2019나63746
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 Plaintiff’s vehicle’s collision with the Plaintiff’s vehicle and the Defendant’s vehicle moved to four lanes at the time of the collision with the Plaintiff’s vehicle, and then stopped to the right side of the safety zone. The Plaintiff’s insurance money was reduced to the front or rear door part of the Plaintiff’s vehicle to the front side of the front side of the Defendant vehicle, and then damaged the Plaintiff’s final payment of the insurance money to the front side of the front side of the Defendant vehicle to the front side of the front side of the front side of the vehicle, and then the Plaintiff’s insurance money was reduced to the front side of the Plaintiff’s vehicle to the front side of the front side of the front side of the vehicle and the front side of the front side of the payment of the Plaintiff’s insurance money to the front side of the Plaintiff’s insurance money to the front side of the Plaintiff’s vehicle. The Plaintiff’s final payment of the insurance money to the front side of the Defendant’s vehicle was 96 KRW 28-3,2010.

[Grounds for Recognition] Facts without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1-3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. In regard to the claim that the accident in this case occurred due to negligence of 100% of the Defendant’s vehicle that changed the course from the actual line, the Defendant asserts that the Defendant should be sufficiently recognized as the negligence of the Plaintiff’s vehicle as an accident where the two vehicles stopped down to the safety zone, because the Plaintiff’s vehicle did not yield the course to the Defendant vehicle that changed the course and continuously sealed the vehicle without driving it at all.

B. (1) In light of the following circumstances, it is reasonable to view the negligence ratio of the Plaintiff and the Defendant’s vehicle in relation to the instant accident as 20:80 in light of the following circumstances: (a) the background leading up to the accident, the degree of the conflict, and the degree of shock as to the above-mentioned facts and the evidence revealed in relation to

All vehicles which intend to change their course.

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