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(영문) 서울중앙지방법원 2020.10.21 2020나36689
구상금
Text

The part against the defendant exceeding the amount ordered to be paid under the judgment of the first instance shall be revoked and that part shall be revoked.

Reasons

1. At the time of the instant accident, around 00:23, June 26, 2019 at the time of the instant accident, the part in front of the right side of the Defendant’s vehicle whose course changed from the two-lanes to the three-lanes in the situation of the accident in Seongdong-gu Seoul, Seongdong-gu at the location of the Plaintiff’s Defendant vehicle D E on June 26, 2019 at the time of the instant accident (i.e., the total repair cost of KRW 1,056,000 for the Plaintiff’s automobile repair cost of KRW 740,000 for the payment of the insurance proceeds that the left side of the Plaintiff’s vehicle changed from the four-lanes to the three-lanes from the two-lanes in the situation of the accident in Seongdong-gu.

A. In light of the following circumstances, the instant accident occurred due to the common negligence of the original vehicle driver, and the negligence ratio is reasonable to regard 60% of the driver of the Plaintiff vehicle and 40% of the driver of the Defendant vehicle.

① When the driver of any motor vehicle intends to change course of a motor vehicle and there is a possibility of hindering the normal traffic of other motor vehicles running in the direction to which he/she intends to change the course, he/she shall not change the course (Article 19(3) of the Road Traffic Act). The original defendant vehicle appears to have changed the course to almost three lanes at the same time (in light of the video of the evidence No. 6 and No. 3, the plaintiff's assertion that the plaintiff vehicle was running in the three lanes is not accepted). The original defendant vehicle driver was negligent in the accident of this case, since the accident of this case occurred while changing course without properly examining the front and rear left.

(2) Where the driver of any motor vehicle intends to turn to the left, turn to the left, cross the road, drive the motor vehicle, drive the motor vehicle in front, drive the motor vehicle in front, change course while proceeding in the same direction, he/she shall give a signal with his/her hand, direction indicator,

(도로교통법 제38조 제1항). 피고차량 운전자는 방향지시등을 켠 채 3차로로 진로변경 했던 반면 원고차량 운전자는 방향지시등을 켜지 않은 채 3차로로 진로변경 했으므로, 원고차량...

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