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(영문) 서울중앙지방법원 2019.12.13 2019나40088
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. At the time of the occurrence of the basic fact-finding accident, the accident of this case, which conflicts with the Defendant’s vehicle driving on the instant road in the direction of (i) the vehicle in question, while the Plaintiff’s vehicle moving back to the direction of (ii) the latter part of the FF High School roads located in Seo-gu, Seo-gu at the location of Gwangju, Seo-gu at around 23:20 on January 13, 2019 at the time of the occurrence of the insured vehicle’s insured vehicle CD at the time of the occurrence of the accident. The accident of this case was destroyed by the fronter and the left part of the Plaintiff’s vehicle and the fronter and fences of the Defendant’s vehicle. The amount of the insurance money paid to KRW 5,528,200 on February 8, 2019 is as follows.

[Reasons for Recognition] Facts without dispute, Gap's statements or images as to Gap's evidence Nos. 1 through 6, and the purport of whole pleadings

2. Determination

A. We examine the following circumstances, which are acknowledged as comprehensively considering the purport of the entire pleadings, i.e., (i) the Defendant’s vehicle driven the road of this case in the direction of (ii) the (iii) the Defendant’s vehicle was driving the road of this case. The Defendant’s vehicle was a road of one-lane the center line of the real line, where the Plaintiff’s vehicle was not allowed to turn to the left, and (iv) the Plaintiff’s vehicle attempted to turn to the left at the direction of (i) the vehicle was obstructed by the center line at the night, and the instant accident that conflict with the Defendant’s vehicle was occurred in the process, and (iv) the Defendant’s vehicle was driving the road of this case without the median line due to the vehicle parked on the right side at the time. However, considering the point of the accident of this case, considering the collision between the Plaintiff’s vehicle and the Defendant’s vehicle, the accident of this case appears to have occurred even if the Defendant’s vehicle did not intrude the central line, it is reasonable to deem that the accident of this case occurred due to the Plaintiff’s negligence.

(b) except that;

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