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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2019.06.12 2018나79300
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

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

On January 5, 2018, 04:30 on January 5, 2018, 2018, the insured vehicle CD of the insured vehicle of the Plaintiff at the time of the accident, and the purport of the entire pleadings and arguments by the Plaintiff’s vehicle, which was transferred on the expressway due to a prior accident in the collision situation of Young-dong Highway adjacent to the Gangseo-dong Highway Stack Stackers, 10,970,00 won in payment of shock insurance money, 10,970

2. At the time of the accident, there was no night and there was no vehicle driven on the front side of the Plaintiff’s vehicle.

The defendant's vehicle did not have any sign that can be recognized by the driver of the vehicle approaching the latter while blocking the lane.

Therefore, only after the plaintiff's vehicle is closely adjacent to the defendant's vehicle, the driver of the plaintiff's vehicle could recognize the defendant's vehicle, and even if operating the brake immediately, it could not avoid any collision due to the speed of the plaintiff's vehicle driving on the expressway.

In light of the above circumstances that can be recognized by the evidence mentioned above, the accident of this case was caused by the negligence of the driver of the defendant vehicle who moved the defendant vehicle entirely on the expressway without taking any measure.

The defendant asserts to the effect that the negligence of the driver of the defendant's vehicle cannot be recognized because the driver of the defendant's vehicle could not take safety measures, such as marking, because the defendant's vehicle could not get out of the vehicle due to prior accidents.In the expressway or motorway, even though the driver is unable to drive his/her vehicle due to prior accidents, etc., it follows the vehicle between the driver's fault and the driver's fault cannot be recognized.

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