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(영문) 서울중앙지방법원 2017.04.07 2016나75939
손해배상금
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

Facts of recognition

The plaintiff is the owner of the BMW vehicle (hereinafter referred to as the "Plaintiff vehicle"), and the defendant is the insurer who has acquired the obligation to compensate for damages due to the personal and physical accidents of the CM vehicle (hereinafter referred to as the "Defendant vehicle").

On April 16, 2016, the Plaintiff’s vehicle driven the 4-lane road near the West-gu, Seo-gu, Sungnam-si on April 16, 2016, and the accident occurred due to the collision with the Defendant in the vicinity of that 3-lane.

The Plaintiff spent 3,708,00 won for automobile repair costs and 704,000 won for automobile sirens during the repair period.

Judgment

손해배상책임의 발생 당사자의 주장 원고는, 원고차량이 4차로에서 정차 중인 시내버스를 피하여 3차로의 차선 경계선 부분을 따라 서행하고 있었는데, 2차로에서 주행하던 피고차량이 원고차량을 미처 보지 못하고 좌측 깜빡이를 켜지도 아니한 채 3차로로 진로를 변경하다가 원고차량을 충격하여 사고가 발생하였고, 피고는 위 사고로 인한 원고의 모든 손해를 배상할 책임이 있다고 주장한다.

In this regard, the defendant first changed the course from the two-lane to the three-lane, but the plaintiff's vehicle was later changed from the four-lane to the three-lane, and the accident occurred. Therefore, the plaintiff's vehicle is also negligent.

Judgment

According to the statements or videos described in Gap 2-1, 2-2, 3, 1, 2, and 3, the following facts may be recognized:

After the accident, the Plaintiff’s vehicle moved along the two lanes on the boundary line between the three lanes and the four lanes, and the Defendant’s vehicle turns out the two lanes on the boundary line between the two lanes and the three lanes after the Plaintiff’s vehicle, and rhyms the two lanes over the Plaintiff’s vehicle.

Police officers belonging to the branch police station who are called to the accident site are trying to change the course from the two-lane to the three-lane of the defendant vehicle while driving the plaintiff vehicle in the three-lane.

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