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(영문) 서울중앙지방법원 2019.05.15 2018나64902
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 referred to as "Plaintiff vehicle") shall be the insured vehicle.

Defendant’s insured vehicle (hereinafter referred to as “Defendant’s vehicle”).

C D On April 4, 2018, around 18:15, the same shall apply to a map attached to the location of an accident site in the vicinity of the population of the wife at the time the location is permitted.

The amount of insurance proceeds paid is the fact that there is no dispute over self-owned vehicle damage [based on recognition] on April 24, 2018, Gap evidence Nos. 1 through 3, Gap evidence No. 6, Eul evidence No. 1 and the purport of the whole pleadings and arguments No. 1.

2. Determination

A. According to the evidence in light of the negligence ratio of the Plaintiff’s vehicle and the Defendant’s driver, the Defendant’s vehicle entering the road, even though the Defendant’s obligation to enter the three-lanes of the road in this case, has been neglected, and the accident in this case occurred by entering the three-lanes of the road in this case. Therefore, it is reasonable to deem that the instant accident occurred by the Defendant’s primary negligence.

However, according to the video of Gap evidence Nos. 6 and Eul evidence Nos. 1, when the first lane was set while the plaintiff's vehicle is proceeding in the first lane, the driver of the plaintiff vehicle could find the defendant vehicle waiting to enter the right side of the road after the change of the vehicle, and if so, the driver of the vehicle is at fault without taking any measures despite his duty to ensure continuous operation by looking at the movement of the defendant vehicle.

Such negligence also became the cause of the occurrence and expansion of the instant accident.

I would like to say.

In light of the circumstances of the instant accident, it is reasonable to 20% of the negligence of the Plaintiff’s vehicle in the instant accident, and 80% of the negligence of the Defendant vehicle.

B. According to the theory of lawsuit, the defendant is liable for the payment to the plaintiff for reimbursement of KRW 703,840 ( KRW 879,800 x 80%) and for this, from April 25, 2018, the following day after the payment date of insurance money.

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