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(영문) 서울중앙지방법원 2017.10.17 2017나33130
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Occurrence of liability for damages;

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

At the time of the accident, the insured vehicle, at the location of the insured vehicle B C on July 13, 2016 at the time of the accident, is trying to make a bypass, and the insured vehicle, which is a large towing vehicle in the situation of the collision between the driver and the driver's vehicle in Busan, U.S., Busan, is trying to make a bypass. The Plaintiff, while entering the vehicle to make a bypass by using the right space of the insured vehicle, was able to prevent the towing part of the Defendant insured vehicle from being towed, was damaged by the accident of this case by the Plaintiff, and the Plaintiff was damaged to the knee-type kne-type knee-type kne-type kne-type kne-type kne-type

[Ground of recognition] Facts without dispute, entries in Gap evidence 2 through 9 and the purport of the whole pleadings

B. According to the recognition of liability and the recognition of the above limitation, the accident in this case occurred due to the negligence of neglecting the duty of care to accurately measure the wheel and prevent the accident by properly examining the traffic conditions on the side of the vehicle while bypassing the vehicle, which is a large bitr towing vehicle, while towing the vehicle. Thus, the accident in this case is liable to compensate the damage suffered by the plaintiff due to the accident in this case, unless there are special circumstances.

The defendant asserted that the driver's seat of the defendant insured vehicle was high and thus there was a blind spot which could not be confirmed through the rear light, so it could not be predicted that the plaintiff's vehicle was located in the blind spot because of rapid access by the plaintiff's vehicle. However, the situation that there was a blind spot on the defendant insured vehicle is merely a circumstance that further strengthens the driver's duty of care of the defendant insured vehicle.

However, the defendant's insured vehicle has a strong radius, and since the plaintiff's insured vehicle is trying to make a right-way prior to the arrival of the vehicle at the right-hand point, it is also the plaintiff.

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