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(영문) 서울중앙지방법원 2019.12.06 2019나33615
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The particulars of the instant accident are as follows.

On January 29, 2019, at the time of the accident, the insured vehicle of the Plaintiff (hereinafter “Plaintiff”), the Defendant insured vehicle of the Defendant (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”) at the time of the accident, collision with the Defendant vehicle that entered the said intersection in four lanes in the same direction and attempted to make a left-hand turn immediately, while entering the said intersection at the exclusive road of the Seo-gu, Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, the location of the collision between the crossing of the car of the Plaintiff’s insured vehicle (hereinafter “Defendant vehicle”) at around 16:10 on January 29, 2019. On February 22, 2019, the Plaintiff paid KRW 1,248,400, the insurance amount calculated by deducting the Plaintiff’s share

[Ground for Recognition: Each entry and video of evidence A1 to 5]

2. Assertion and determination

A. The parties’ assertion that the instant accident occurred due to the unilateral negligence of the driver of the Defendant’s vehicle, while the Defendant asserts that the Plaintiff should pay KRW 1,248,400, the total amount of the insurance proceeds to the Plaintiff, the Defendant asserted that the Plaintiff was erroneous for the driver of the Plaintiff’s vehicle, who neglected the front and the safe driving.

B. The following circumstances recognized by the above facts and the evidence mentioned above, namely, Article 25 (2) of the Road Traffic Act provides that "if all drivers of vehicles intend to make a left-hand turn at the intersection, they shall make a left-hand turn using the center inside the intersection while driving along the center line of the road in advance." Although the first lane is indicated as the only left-hand turn-hand way at the intersection, the defendant vehicle attempted to turn to the left-hand turn by plpling or plucking the hand on the four-lane, and the driver of the vehicle who entered the intersection at the one-lane, it is difficult to see that the driver of the vehicle who entered the intersection was predicted in advance of the above sudden movement of the vehicle of the defendant vehicle, or in response thereto, there is no other reason to deem that the driver of the plaintiff vehicle could avoid the accident.

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