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(영문) 서울중앙지방법원 2019.04.26 2018나62340
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

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 June 23, 2017 at the time of the accident, and around 20:57 on June 23, 2017, at the time of the accident, the Plaintiff’s vehicle in the vicinity of the F 1 factory in the Haan-gun E located in the Haan-gun, Haan-gun, in the event of the collision, was completed at the intersection in which the instant accident occurred, and the Defendant’s vehicle was predicted the rear of the Plaintiff’s vehicle while the vehicle was in progress at the intersection in the intersection in which the instant accident occurred, and the payment of the insurance money was made on July 7, 2017. The fact that there is no dispute about the damage of the secured vehicle to be paid KRW 474

2. The parties' assertion

A. The driver of the Plaintiff’s vehicle neglected the duty to stop on the front line, while driving on the front line, and concealed the Plaintiff’s vehicle that had been directly driving on the right line. As such, the instant accident is deemed to have occurred due to the previous negligence of the driver of the Defendant’s vehicle. Therefore, the Defendant is obliged to pay the Plaintiff the entire repair cost that the Plaintiff paid to the Plaintiff as a reimbursement.

B. The driver of the Plaintiff’s vehicle did not yield the course to the Defendant’s vehicle in direct transit as at the time. The Plaintiff’s driver violated the signal, such as bypassing the Defendant’s vehicle without temporary suspension in a narrow channel where the red on-and-off signal is operated, and the Defendant’s vehicle is driving at a rapid speed. As such, even if the Defendant’s vehicle is driving ahead of it at a rapid speed, it is unreasonable to make the Defendant’s vehicle not entering the right-hand route, thereby violating the passing method by crossing by completely blocking the course of the Defendant’s vehicle. Therefore, the instant accident was caused by the Plaintiff’

3. Determination

A. According to the facts found in the underlying facts, each of the above evidence and arguments, the Plaintiff’s vehicle passed two lanes at the intersection where the instant accident occurred after completing the right-hand side at the intersection where the instant accident occurred, and went behind at a very rapid speed.

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