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(영문) 서울중앙지방법원 2019.06.04 2018나75018
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 of the Plaintiff (hereinafter referred to as “Plaintiff”).

Defendant Insured Vehicle (hereinafter referred to as “Defendant Vehicle”)

CD On June 23, 2017, around 11:54 on June 23, 2017, the same shall apply to the brief map attached to the situation of the collision of roads near the building distance of the Jung-gu Busan Metropolitan City.

The payment of insurance proceeds of KRW 4,809,700 as security for self-employed person's own share of KRW 500,000 (based on recognition) is without dispute, each entry and video of evidence of subparagraphs A3 through 10, and the purport of the whole pleadings.

2. Determination

A. In full view of all the circumstances, including the fact of the negligence ratio of the Plaintiff and the Defendant’s driver, the background of the accident, the degree of conflict and shock, and the purport of the entire evidence presented above, it is reasonable to view that the negligence ratio of the Plaintiff’s vehicle and the Defendant’s driver is 40:60.

① On the site of the instant accident, in the vicinity of a private-distance intersection where traffic is controlled by signal lights, the width of the repair width is three-lanes in the central bank section, and in the international market section, the width of the tunnel in Busan is two-lanes.

② While the Plaintiff’s vehicle was proceeding three-lanes from the median to the width of repair in the median of the central road, the Plaintiff’s vehicle was driving bypassing the three-lanes from the Busan At the intersection. The Defendant’s vehicle was proceeding three-lanes from the rear bank of the Plaintiff’s vehicle to the width of repair in the upper bank, as in the latter bank of the Plaintiff’s vehicle, while driving the three-lanes from the upper bank of the Plaintiff’s vehicle, the Plaintiff’s vehicle was driving bypassing the road to the width of the Busan tunnel.

③ At the time of the instant accident, the Defendant’s vehicle entered the said intersection bypass and passed through the said intersection, and was passing ahead of the Plaintiff’s vehicle entering the said two-lanes, which had entered the said two-lanes, from the side of the Busan Tunnels, and was passing ahead. The Plaintiff’s vehicle is bypass.

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