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(영문) 서울중앙지방법원 2018.10.11 2018나32752
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

The first instance court.

Reasons

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

At the time of the accident, the insured vehicle A, the insured vehicle, at the time of the accident, of June 17:18, 2017 at the time of the accident, indicated that the Plaintiff’s insured vehicle (hereinafter “Plaintiffs”) in the situation of collision with the crosssection in front of the north Port distance in the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City (hereinafter “the two-lanes of the above roads”) is able to be directly engaged in the two-lanes of the two-lanes of the above roads. However, at the time of the accident of this case, it seems that there was no indication of such direction or that it is possible to directly

(A) At the time of the instant accident, the Plaintiff stated that there was no direction indication on the two-lane surface at the time of the instant accident. On the other hand, the front side of the Defendant Insured Vehicle (hereinafter referred to as “Defendant Vehicle”) which was going to turn to the left immediately on the two-lanes, and the front side of the Defendant Insured Vehicle (hereinafter referred to as “Defendant Vehicle”) which was going to turn to the left at the one-lane, and the left side of the Plaintiff Company, did not dispute about KRW 200,00 for the payment of the insurance proceeds of the accident that conflict after the left side of the Plaintiff Company, and the purport of the entire pleadings, as stated in subparagraphs A through 8 (including the serial number), Eul’s Evidence Nos. 2, and

2. As to the instant accident, the Plaintiff asserted that the Defendant driver’s negligence was 70% and claimed 818,300 won out of the insurance proceeds paid by the Plaintiff, and damages for delay from the day following the payment date.

First, we examine the argument that the negligence of the driver of the defendant vehicle is 70%.

All the circumstances, such as the fact of recognition and the background of the accident, the degree of conflict and shock, etc. recorded in the records, and in particular, if it is likely to obstruct the normal passage of other vehicles running in the direction of change when the driver intends to change the course of the vehicle, i.e., the details of the violation of the laws and regulations of the driver of the plaintiff vehicle, i.e., the course shall not be changed (Article 19(3) of the Road Traffic Act).

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