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(영문) 서울중앙지방법원 2020.09.11 2019나42725
구상금
Text

The part against the plaintiff corresponding to the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

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

At the time of the accident, on October 31, 2018, at the time of the accident, the insured vehicle D E, the insured vehicle of the Plaintiff, and around October 16:33, 2018, the accident of this case conflicts between the parts above the right side side of the Plaintiff vehicle and the left side of the Defendant vehicle, the back side of the back side of the Defendant vehicle, and the back side of the back 270,000 won of the self-paid vehicle's own damage charge, which is 270,000,000 won, and the Defendant vehicle stopped on the four-lane, and the front side of the instant intersection, and the Defendant vehicle stopped on the four-lane, and came to go to the front side of the instant intersection. The amount of the insurance money paid was without dispute over the following facts: the Plaintiff vehicle's material damage charge, which is 1,083,00 won, 270,000 won of its own damage charge, 200,000 won, and 31 through 5818.

2. The parties' assertion

A. The Plaintiff’s instant accident is an accident involving the Plaintiff’s driver’s change of course to port in the instant intersection where the Defendant’s driver is prohibited from changing course. As such, the Plaintiff’s driver is not negligent, and at least 10% of the Defendant’s driver’s negligence should be recognized.

B. The instant accident occurred when the driver of the Plaintiff’s vehicle changes the course to the right side of the instant intersection where the change of course is prohibited, and the driver of the Defendant’s vehicle was straighten without changing the course. In light of such conflict, it is impossible for the Defendant’s driver to avoid the instant accident, and thus, 100% of the driver’s negligence should be recognized.

3. Determination

(a) on the basis of, inter alia, the facts in question;

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