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(영문) 서울중앙지방법원 2020.01.10 2019나43360
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. At the time of the occurrence of the basic fact-finding accident, at around 13:25, Feb. 11, 2019, the insured vehicle CD of the insured vehicle of the Plaintiff insured vehicle, and around G gas station located in F located in Daejeon Seo-gu E (hereinafter “instant road”) (hereinafter “instant road”), the vehicle of the Plaintiff, while driving along the three-lanes of the instant road on the two-lanes of the instant road, is in conflict with the Defendant vehicle, which attempted to change the three-lanes to enter the instant gas station. The accident of this case led to the accident of this case, the left-hand fences and pans of the Plaintiff vehicle, the front-hand fences and pans of the Defendant vehicle, and the lower-hand fences and pans of the self-paid vehicle of KRW 883,000, KRW 200, KRW 2000, KRW 199, Mar. 3, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 2, and the purport of whole pleadings

2. Determination

A. In light of the following circumstances, which are acknowledged as comprehensively taking account of the purport of the entire pleadings, it is reasonable to deem that the instant accident occurred due to the negligence of the Defendant’s driver who neglected his duty of care, despite the fact that, at the time of changing the lane, the Defendant’s vehicle attempted to enter the station of this case to the station of this case and changed the lane somewhat rapidly without turning on the right direction, and that at the time, the Plaintiff’s vehicle appears to have been driving normally the three-lanes of the instant road.

B. However, the following circumstances recognized by the images of the evidence Nos. 2 and No. 5, namely, at the time when the Defendant’s vehicle attempted to change the lane, the Plaintiff’s vehicle was driving at a relatively slow speed, and accordingly, the Defendant’s vehicle is changed.

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