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(영문) 서울중앙지방법원 2020.07.24 2019나60556
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid under paragraph 2 below shall be revoked.

2...

Reasons

1. The circumstances leading up to the instant accident are as follows.

On April 20, 2019, the date of the collision between the Plaintiff Insured Vehicle C (hereinafter referred to as “Plaintiff”) and the Plaintiff’s Insured Vehicle D (hereinafter referred to as “Defendant Vehicle”), including the time when the Plaintiff’s driver is named at the time of the accident (hereinafter referred to as “instant accident”) and the time when the Plaintiff’s vehicle intends to make a right-down to enter the ground parking lot between apartment units and the road in the apartment complex, the Defendant Vehicle’s vehicle was driven across the central line of the said road, and as an ombudsman, the amount of the insurance proceeds paid for the collision between the Defendant Vehicle’s driver’s seat and the part before the Plaintiff’s driver’s seat, the amount of the insurance proceeds paid to the Plaintiff’s driver’s car repair cost of KRW 928,400, KRW 231,000, the date of the final payment of the insurance proceeds of KRW 20,000, May 13, 2019 [Grounds] no dispute is asserted, Gap’s evidence No. 1 or evidence No. 21, and video evidence No.

2. Determination

A. The plaintiff asserts that the accident in this case is due to the defendant's unilateral negligence since the defendant's vehicle that started from the ground parking lot between apartment buildings and proceeded rapidly above the central line of the above road to enter the road has caused unexpected contact accidents occurring on the left side, and thus the accident in this case is due to the defendant's unilateral negligence.

The defendant asserts that the accident site of this case is an apartment complex, which is parked on both sides of the moving direction of the defendant's vehicle, and it is inevitable to pass along the center of the road normally, and the road surface is also marked as a moving line, not the center line. Thus, the plaintiff's vehicle enters the road of this case and intends to make a rightpass without driving or stopping.

B. (1) Determination of the above-mentioned facts and the evidence revealed in the above-mentioned facts as to the ratio of liability, the characteristics of the accident site, the background of the accident, and the conflict.

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