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(영문) 서울중앙지방법원 2021.02.17 2020나41995
구상금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal shall be 1.

Reasons

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

On September 30, 2019, the insured vehicle CD of the Plaintiff insured vehicle at the time of the accident, and around 18:05 September 30, 2019, at the time of the accident, sent a signal at the first lane, which is the right-hand turn from among the three-lane roads (excluding bus exclusive lanes) near the intersection at the entrance of Seongbuk-gu, Seongbuk-gu, Seoul Metropolitan Government Office, to the right-hand side of the vehicle, and changed the lane from the third lane to the second lane from the third lane of the straight line, the part on the right-hand side of the Defendant vehicle and the left-hand side of the Plaintiff vehicle changed from the third lane to the second lane. The fact that there is no dispute over the payment of the collision insurance money, and the statement or the purport of the whole pleadings and arguments of subparagraphs A to 1 through 7 (including various numbers).

2. The judgment of the Plaintiff vehicle appears to have been obtained by the Defendant vehicle, which was almost changed to a two-lane in order to overtake the vehicle in the three-lanes. Since the Defendant vehicle changed to a two-lane prior to the Plaintiff vehicle, the driver of the Plaintiff vehicle could have known the change of the lane of the Defendant vehicle.

However, in light of all the circumstances that can be recognized by the evidence as mentioned above, such as the fact that the Defendant’s vehicle changes the lane in the left or right way in the signal atmosphere, the background of the accident, and the collision part, the instant accident occurred by the negligence of the original Defendant’s driver who did not fulfill his duty of care while changing the lane.

It is reasonable to view the negligence ratio as 60:40.

Therefore, the Defendant’s indemnity amounting to KRW 578,480 (=total damages amounting to KRW 2,696,200 x 40% - self-paid charges amounting to KRW 500,00) and the following day from November 30, 2019, which is the date of the final payment of insurance proceeds, appropriate to dispute the existence or scope of the Defendant’s performance obligation from November 30, 2019 to May 20, 2020.

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