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(영문) 서울중앙지방법원 2020.02.11 2019나47553
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. Basic facts

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

On August 16, 2018, the insured vehicle (Plaintiffs), Defendant Insured Vehicle (Defendants Vehicle) Co., Ltd. (Defendants Vehicle) at the time of the accident, 06:28 on August 16, 2018, when the Defendant’s vehicle, who was located in one lane of the three-lanes in the accident situation of Goyang-gu E at the above location, passed the intersection in the form of the road bended to the right right side and runs along the two-lane direction, seems to change the lane in the two-lane direction, making it rapid and rapid from the two-lanes in the same direction. The contact with the Plaintiff’s vehicle. The amount of insurance money paid KRW 1,150,280

B. In the instant accident, the Automobile Insurance Claim Deliberation Committee determined the percentage of negligence between the Plaintiff’s driver and the Defendant’s driver as 30:70.

C. The Plaintiff dissatisfied with the above decision and filed a petition for review. The result of review also became the same decision as to the rate of negligence, and eventually filed the instant lawsuit.

The judgment of the first instance rendered a judgment that ordered the defendant to pay the amount of KRW 745,196 and the delay damages to the plaintiff in consideration of the self-paid expenses paid by the driver of the plaintiff's vehicle while maintaining the decision on the above rate of negligence in the deliberation committee on indemnity

[Ground of recognition] The fact that there is no dispute, Gap 1 through 6, 8, Eul 2 (including number for each case), the purport of the whole pleading

2. Summary of and judgment on the grounds for appeal

A. The gist of the grounds for appeal is that the Plaintiff’s vehicle was normally straight along the virtual leading line. An accident occurred while the Defendant’s vehicle, which took place at a slow speed on the left side of the Defendant’s vehicle, led to the right side of the Defendant’s vehicle, following the Plaintiff’s passage.

The fault ratio of 70% is the basic fault ratio applicable to the case of collision with the straight-speed vehicle that takes place in the normal course change process, and the lane is changed to the intersection where there is no excursion ship.

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