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(영문) 울산지방법원 2020.02.06 2019나10644
손해배상(자)
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 Plaintiff is the owner of D vehicle (hereinafter “Plaintiff vehicle”), and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with the E vehicle (hereinafter “Defendant vehicle”).

B. Around 17:08 on May 12, 2018, the Plaintiff’s vehicle is proceeding two lanes among the four-lanes of the Han-dong Han-dong, Ulsan-dong, Ulsan-dong, Ulsan-dong, the Defendant’s vehicle proceeding one of the two-lanes on the same road changed course and entered one-lanes (the first lane prior to passing through the intersection is the left way, the second, the third, and the fourth lane is the right way, and both the first, the second, and the third lanes are straight straight) in the intersection. After passing through the intersection, the Defendant’s vehicle following the passage was shocking the Plaintiff’s vehicle (hereinafter “instant accident”).

C. The Plaintiff spent KRW 2,250,000 at the repair cost of the Plaintiff’s vehicle.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5, and the purport of the whole pleadings

2. The parties' assertion

A. The driver of the Plaintiff’s vehicle was in violation of the tram instruction and the vehicle line on the left-hand turn line, and the Plaintiff’s vehicle conflict in the process of cutting the Plaintiff vehicle without examining the right side in order to avoid collision with the vehicle coming from the opposite vehicle line. Thus, the instant accident was caused by the Defendant’s driver’s negligence.

B. The Defendant’s vehicle had already been running ahead of the Plaintiff’s vehicle.

Therefore, even if the plaintiff could easily discover the defendant vehicle, the accident of this case occurred at the wind that is run without reducing speed due to the violation of the duty of Jeonju and the duty of ensuring safety distance, and thus, the plaintiff's negligence should be considered in calculating the amount of damages caused by the accident of this case.

3. Determination

A. According to the above evidence, the driver of the defendant vehicle, who is driving at the right-hand turn, violated the vehicle line and the signal.

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