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(영문) 서울중앙지방법원 2019.04.26 2018나84241
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

1..

Reasons

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

At the time of the accident, the insured vehicle CD on July 26, 2017 at the time of the accident, at the location of 21:42 on July 26, 2017, the Plaintiff’s insured vehicle CD and the insured vehicle’s self-payment charges of KRW 500,000 (based on recognition) for the insured vehicle’s self-payment charges of KRW 3,621,920 on August 2, 2017, while the vehicle was moving back to the intersection of the above place where the Plaintiff’s vehicle controls traffic by signal apparatus in the vicinity of the 111th office of the Mapo-gu Seoul Metropolitan World Cup, and the Plaintiff’s vehicle controlled traffic by signal apparatus, the Defendant’s vehicle was making a left-hand turn from the left-hand part of the base for the direction of the Plaintiff’s vehicle’s proceeding, and then the Defendant’s vehicle left-hand back to the left-hand part of the Plaintiff’s vehicle. The purport of the entire pleadings

2. The parties' assertion

A. The instant accident occurred due to the previous negligence of the Defendant’s driver who committed a left- or left-hand turn in breach of the duty of the front-way driver and the duty of safe driving, and the Plaintiff’s driver could not anticipate or avoid the said accident. Therefore, the Defendant is obliged to pay the Plaintiff the full amount of the repair cost paid by the Plaintiff who acquired the right to claim damages by subrogation of the insurer.

B. The Plaintiff’s driver of the vehicle was negligent in changing the lane into the first lane, even though it was prompt and safe to circumvent the two-lanes that occurred at the time of the instant accident, and thus, the Plaintiff’s driver’s negligence should be considered in calculating the percentage of negligence on the occurrence of the instant accident.

3. Determination

A. According to the facts acknowledged in the above basic facts, and each of the above evidence, and the video of Gap evidence 7, the defendant vehicle driver attempted to turn to the left at the intersection, which is the place where the accident in this case occurred, and the driver of the defendant vehicle first reaches the vehicle of the plaintiff who moved to the intersection and moved to the right.

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