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(영문) 서울중앙지방법원 2019.06.19 2019나10339
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The circumstances surrounding the instant accident are as follows.

On April 28, 2018, at the time of the accident, the insured vehicle of the Plaintiff (hereinafter “Plaintiff”), the insured vehicle of the Defendant (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”), as of April 12:37, 2018, at the time of the accident, the vehicle in front of the road collision in the Gunsan-si, the front part of the front and right side of the Plaintiff vehicle and the front side of the front and right side of the Defendant vehicle (hereinafter “instant accident”) conflict (hereinafter “instant accident”).

B. On May 15, 2018, the Plaintiff paid KRW 12,260,000 as insurance money for the damages, such as the repair cost of Plaintiff’s vehicle due to the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 6 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. Determination

A. In full view of the circumstances and the following circumstances, the driver of the Plaintiff’s vehicle, who took full account of the overall purport of the arguments and the following circumstances, is not allowed to do so without examining the movement of the Defendant’s vehicle behind the Plaintiff’s vehicle, even though the driver of the Plaintiff’s vehicle installed a central line and safety zone at the location of the instant accident, and the movement of the Defendant’s vehicle behind the Plaintiff’s vehicle was not allowed to do so. In full view of the fact that the Defendant’s driver, who took part in the first lane of the instant vehicle at the back of the Plaintiff’s vehicle, might have been unlikely to expect the Plaintiff’s vehicle to walk at the location of the instant accident where the U-turn is not allowed.

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