logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.01.09 2019나44677
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. The circumstances leading to the instant accident are as follows.

At the time of the accident, the insured vehicle (hereinafter “Plaintiff”) of the Plaintiff insured vehicle (hereinafter “Defendant vehicle”) at the time of the accident to turn to the left at two lanes from November 15, 2018 at the time of the insured vehicle (hereinafter “Defendant vehicle”), the insured vehicle (hereinafter “Defendant vehicle”) CD at the time of the accident, on the right side of the Plaintiff vehicle and the left at the right side in accordance with the left turn signal at the first lane, and 56,250 won (based on recognition), the insured vehicle’s injury (based on medical treatment expenses) for the collision with the front right side of the vehicle of the Plaintiff vehicle at the time of the accident, as well as the written statements and images of evidence No. 1 through 4, No. 1 through 3, and the purport of the whole pleadings, video, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff asserts that the instant accident occurred due to the former negligence of the Defendant’s driver who changed his own car line from the second lane, which is the straight lane, and accordingly, the Defendant asserts that the Plaintiff’s driver was negligent by neglecting the duty of the front driver and neglecting the front driver’s duty, thereby failing to well examine the movement of the Defendant’s previous vehicle.

B. In light of all the circumstances, such as the background of the accident, the degree of conflict, and the degree of shock revealed in the above recognition, the instant accident is deemed to have a principal negligence on the driver of the Defendant vehicle, who tried to turn to the left at a two-lane, the right-hand turn at a one-lane, and shocked the Plaintiff’s vehicle, which was normally sent to the left pursuant to the

However, prior to the Plaintiff’s vehicle, the instant accident occurred due to competition between the negligence of the Plaintiff’s driver’s breach of duty in front of the driver’s failure to care well in the movement of the Defendant vehicle entering the intersection.

In light of this, the negligence ratio of the plaintiff vehicle and the defendant vehicle shall be 10:90.

Therefore, the defendant is liable to perform the obligation since December 14, 2018, which is the day following the final payment date of the insurance money claimed by the plaintiff for the amount of KRW 500,625 (i.e., KRW 556,250 x 90) corresponding to the ratio of negligence of the defendant's vehicle to the plaintiff.

arrow