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(영문) 서울중앙지방법원 2021.01.22 2020나50319
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and the purport of the appeal shall be the first instance.

Reasons

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

At the time of the accident, the plaintiff's insured vehicle D (including the time when the driver is referred to as "the plaintiff's vehicle") E (hereinafter referred to as "the defendant's vehicle"), including the time when the driver is referred to as "the defendant's vehicle"), the situation of the collision between the road bended in front of the F at the time of emulation of the place around October 23, 2019 (hereinafter "the accident site" in this case), the plaintiff's vehicle was driving in one of the two lanes, and the defendant's vehicle passed in the same lane and moved in the way to the two lanes. The defendant's hond moved in the way from the same lane to the plaintiff's road in this case, and entered the two lanes from the one lane to the two lanes, the amount of the plaintiff's insurance money and the defendant's vehicle driving in the two lanes, the payment of the plaintiff's insurance money, the 10 to 100, the 10 to 100, the 10 to 100, the 10 to 10

2. Determination

A. The plaintiff asserts that the accident of this case is attributable to one party and the room of the defendant vehicle, since the defendant vehicle attempted to overtake on the bend road, which is the place where the front is prohibited by the Road Traffic Act, in violation of the Road Traffic Act, and it was caused by the excessive driving of the front vehicle by neglecting the front direction of the front vehicle.

As to this, the defendant asserts to the effect that it is due to the negligence on the part of the plaintiff's vehicle since the defendant's vehicle, who moved the two lanes normally by changing the two lanes from the front place of prohibition to the second place, was not a way to avoid it, and thus, it was caused by the accident of this case.

B. (1) All the circumstances, such as the above-mentioned facts and the characteristics of the accident site in this case, the background of the accident, the degree of conflict, and the degree of shock, which were revealed in the aforementioned evidence.

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