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(영문) 서울중앙지방법원 2020.07.24 2019나49689
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

[Claim]

Reasons

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

On July 30, 2018, July 30, 2018, when the insured vehicle F (hereinafter referred to as “Plaintiff”) of the Plaintiff Insured vehicle E (including the time when the driver is named, including the time when the driver is called “Defendant”), the collision situation between the Plaintiff’s vehicle and the Plaintiff’s vehicle moving along three lanes among the three-lanes of the Plaintiff vehicle at the time of the accident at the time of the accident (hereinafter referred to as “instant accident site”), the Plaintiff’s vehicle entered the front part of the Defendant vehicle and was driving along the three-lanes of the vehicle at the time of the accident, the repair cost of the Plaintiff’s vehicle and the repair cost of the Plaintiff’s vehicle, KRW 5,781,000, KRW 500, KRW 00, KRW 500, KRW 100, KRW 300, KRW 500, KRW 500, and KRW 15,536, and KRW 15,36, and each of the arguments in the entirety.

2. Determination

A. The gist of the Plaintiff’s assertion is that the instant accident occurred due to the mistake of entering the three-lanes of the Defendant vehicle, as the Defendant vehicle, who was a U-turned, without proceeding normally while driving along the same lane, and driving along the 1st and the two-lanes of the vehicle, by the vehicle’s own fault.

B. (1) In light of the following circumstances, it is reasonable to deem that the instant accident was concurrent between the Plaintiff’s and the Defendant’s vehicle’s negligence, in light of the following circumstances: (a) the background leading up to the accident revealed in the foregoing facts and the evidence evidence; and (b) the degree of conflict and shock.

Therefore, the Plaintiff’s assertion regarding unilateral negligence or exemption of the Plaintiff’s vehicle cannot be accepted. In full view of the following circumstances, the ratio of responsibility between the Plaintiff’s vehicle and the Defendant’s vehicle is 10:90.

① When Defendant vehicles stand U.S. at the accident site of this case, vehicles are somewhat fixed on the first and second lanes.

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