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(영문) 서울중앙지방법원 2018.10.11 2018나46584
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

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

On September 8, 2017, at the time of the accident, the insured vehicle B of the insured vehicle B of the Plaintiff insured vehicle B, at around 17:40 on September 8, 2017, the insured vehicle (hereinafter “Plaintiff vehicle”) entered the two-lanes in the situation of the collision near the Jin Changwon-gun, Jin Chang-gun, the Gangwon-gun, a place where the insured vehicle (hereinafter “Plaintiff vehicle”) entered the two-lanes in the above intersections, and entered the two-lanes, and entered the two-lanes of the Defendant Insured vehicle (hereinafter “Defendant vehicle”) in order to move to the right exit and move to the right exit, following the direction of the Defendant Insured vehicle (hereinafter “Defendant vehicle”) who entered the two-lanes, and paid 60,000,000,000 won for the insurance proceeds of the accident that conflict with the other part of the Plaintiff’s left side of the vehicle (based on recognition), there is no dispute, Gap’s evidence No. 1 through 8, 2, 3, 4, 6, 7, and each film evidence and video.

2. The Plaintiff asserted that the Defendant’s negligence on the instant accident was 100%, and claimed the full amount of the insurance money paid by the Plaintiff, and damages for delay from the day following the payment date.

First of all, we examine the argument that the negligence of the driver of the defendant vehicle is 100%.

According to the above facts, the accident in this case occurred when both the plaintiff vehicle and the defendant vehicle are driving along the intersection, due to the negligence of not keeping the course, speed, etc. of the other vehicle well (the driver of the vehicle entering the intersection shall be deemed to have the duty to temporarily stop or yield the vehicle in advance after checking whether there is another vehicle driving along the intersection, and if there is the vehicle, it shall be deemed that the driver of the vehicle has the duty to temporarily stop or yield the vehicle so as not to obstruct the passage of the vehicle), and in light of all the circumstances, such as the accident circumstance revealed in the above facts, the degree of collision, and the degree of shock, it is reasonable to deem that the driver of the vehicle is negligent at least 25% of the accident in relation to the accident in this case.

In this case.

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