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(영문) 서울중앙지방법원 2017.04.19 2016나55713
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. On October 5, 2014, around 13:20, the Plaintiff’s vehicle parked on the two-lanes of the second line road in order to turn off to the opposite direction, the front part of the Defendant’s vehicle, which was going along one-lane, was a traffic accident that shocks the part of the driver’s seat of the Plaintiff vehicle (hereinafter “instant accident”).

C. By January 26, 2016, the Plaintiff paid KRW 1,605,00 of the insurance money as the repair cost for the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap's statements or images, and the purport of the whole pleadings

2. According to the statements and images of Gap evidence Nos. 7, Eul evidence Nos. 1 and 7, the following facts are found: (1) the road involved in the accident of this case is a road with a yellow solid line, and thus the U-turn is prohibited; (2) the plaintiff vehicle at the time of the accident of this case is parked on the two-lanes of the second line, without turning on the direction direction direction etc., and immediately without immediately turning on the direction direction etc., enter one lane by excessively manipulating the steering gear in order to just turn over the median line, and (3) the defendant vehicle is driving along the road of this case in violation of the speed limit (20km/h, but more than 40km/h).

In full view of the above facts and the above facts, the accident of this case was caused by the driver's negligence of the plaintiff's driver who excessively fabricated the steering gear while changing the vehicle line to make a U-turn on the road where the U-turn is prohibited, and did not turn on the direction light without examining the left-hand side. Meanwhile, the driver's duty of safe driving in violation of the speed limit.

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