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(영문) 서울중앙지방법원 2020.07.24 2019나66677
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

[Claim]

Reasons

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

On July 23, 2018, when the insured vehicle C (hereinafter referred to as “Plaintiff”) of the Plaintiff insured vehicle C (including the time when the driver is referred to as “Defendant vehicle”) and D (hereinafter referred to as “Defendant vehicle”) of the Plaintiff insured vehicle as at the time of the accident, the number of the Defendant vehicle changes from the two lanes to three lanes (F from the direction of the municipal ordinance distance), the fact that there is no ground for dispute between the Plaintiff vehicle and the Defendant vehicle’s payment of the insurance proceeds that conflict with the upper right-hand part of the Defendant vehicle’s repair cost 1,479,000 won and the final payment of the insurance proceeds 369,000 won for self-liability of self-liability of the Plaintiff vehicle as security at the time of the accident and the final payment of the insurance proceeds 2010 to the F hospital located in E (hereinafter referred to as “instant accident site”).

2. Determination

A. The plaintiff asserts that the accident of this case is due to the change of the lane from the location of the plaintiff vehicle at a point less than 4-5 meters away from the 4-5 meters away from the location of the vehicle without fulfilling his/her duty of care, such as checking the movement of the following vehicle when the defendant vehicle changes the lane.

In this regard, the defendant asserts that the accident of this case occurred as the plaintiff's vehicle and the defendant's vehicle moved along the two lanes at the same time, even though the defendant's vehicle was moving along the three lanes, the plaintiff's vehicle moving along the four lanes at the four lanes without speed reduction measures, etc. and entered the road rapidly by changing the four lanes from the section where the four lanes are turned into the three lanes.

B. (1) Determinations on the above-mentioned ratio of liability, the characteristics of the instant accident site, the background of the accident, and the collision.

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