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(영문) 서울중앙지방법원 2020.05.22 2019나55301
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. On June 1, 2018, at the time of the occurrence of the basic fact-finding accident, the Plaintiff’s vehicle driven four lanes among the five-lanes at the location of the accident in Seocho-gu Seoul, Seocho-gu, Seoul (hereinafter “instant accident site”) at the location of a shooting distance (hereinafter “instant accident site”) around June 1, 2018 at the time when the Plaintiff’s insured vehicle C (including the time when a driver is named) D (hereinafter “Plaintiff’s vehicle”) (hereinafter “Defendant’s vehicle”), including the time when the driver is named) of the insured vehicle’s insured vehicle’s insurance relationship, was driving along the five-lanes of the instant vehicle at the location of the accident at the time of the instant accident, but the part of the back part of the Plaintiff’s vehicle, which was the remainder of the vehicle’s repair cost of the Plaintiff’s vehicle, 3,626,000 won, was changed beyond the safety zone and changed into four-lane routes, following the accident in this case’s situation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-6, 9-13, and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the accident of this case was caused by the change of course into four-lanes where the plaintiff's vehicle driven in the exclusive lane prior to right-hand, while the defendant's vehicle driven in the exclusive lane prior to right-hand, and it was caused by negligence by 100% of the defendant's vehicle.

As to this, the defendant asserts that the defendant's vehicle shall use the direction of the left-hand side while attempting to change the course before the plaintiff's vehicle, and open a door to the driver's seat and receive it, and that the negligence of the plaintiff's vehicle that did not yield driving should be fully recognized.

B. (1) In light of the following circumstances, the instant accident is a single fault on the part of the Defendant’s vehicle in light of the following circumstances, such as the background leading up to the accident, the degree of conflict and shock, as seen in the above-mentioned facts and evidence regarding the ratio of liability.

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