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(영문) 대전지방법원 2019.10.23 2018나117850
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an automobile insurance contract for C vehicle (hereinafter “Plaintiff vehicle”), and the Defendant entered into a mutual aid agreement for D vehicle (hereinafter “Defendant vehicle”).

B. On July 14, 2017, around 14:15, the Plaintiff’s vehicle entered a two-lane near the sand distance in front of the building Seo-gu Daejeon, Seo-gu, Daejeon, into the first lane. The Defendant’s front part of the right-hand part of the Defendant’s vehicle running at the first lane in conflict with the lower part on the left-hand part of the Plaintiff’s vehicle (hereinafter “instant accident”).

C. On July 20, 2017, the Plaintiff paid the insurance proceeds of KRW 757,30, and KRW 750,000, and KRW 79,630,00,00 as the agreed amount with respect to F who was on board the Defendant’s vehicle at the time of the instant accident on July 26, 2017, as the medical expenses for the said F on August 14, 2017.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 4 through 6, 8, Eul's 2 and 3 (including branch numbers), each entry and video, and the purport of the whole pleadings

2. Comprehensively taking account of the facts of the determination as to the cause of the claim and the evidence revealed earlier, the instant accident occurred due to the negligence of the Plaintiff’s vehicle, which did not properly examine whether there is a concern for hampering the passage of the Defendant vehicle running in one lane while changing the two lanes from the two lanes to the one lane, and the situation where the left or right-hand turn-hand turn-hand turn-hand turn-hand turn-hand turn-on is the situation where the Plaintiff’s vehicle operates the signal while operating the signal, but the negligence of the Defendant vehicle, which did not neglect the duty of front direction-on and did not properly reduce it,

In addition, the situation of the accident, the time and time of the accident, the environment of the accident point, the shock of the two vehicles, and the plaintiff's vehicle entered the same lane even though it is possible to turn to the left, and the vehicle was stopped in the first lane and did not complete the change of the lane in order to turn to the left.

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