logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.01.15 2019나37426
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

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

At the time of the accident, on March 30, 2018, the insured vehicle of the Plaintiff insured vehicle CD at the time of the accident, around 22:05 on March 30, 2018, the Plaintiff’s insured vehicle (hereinafter “Plaintiff’s insured vehicle”) operating the first line between three lanes in the vicinity of the Seodaemun-gu Seoul Western-dong road at the location of Seodaemun-gu Seoul, and driving the second line with the second line, the Defendant’s insured vehicle (hereinafter “Defendant’s vehicle”) which was driven after the replacement of the two lanes, while changing the two lanes from the third line to the second line, was paid the insurance proceeds for the collision and paid KRW 3,894,810 to the Defendant’s passenger and EF until May 25, 2018 (based on recognition); the entry or video of the evidence No. 1 through 8, subparagraph B, and the purport of the whole pleadings, as a whole.

2. Determination:

A. The following circumstances, which can be acknowledged by comprehensively taking account of the overall purport of the evidence presented by the Plaintiff and the Defendant’s driver’s fault ratio, namely, ① the instant accident occurred when the Defendant’s vehicle was changed to the lane on the road narrow in the intersection after passing through the intersection, and all the Defendant’s driver appears to have neglected his duty of care to avoid collision with other vehicles while changing the lane. ② The Defendant asserted that the Defendant could not avoid an accident as the Defendant’s vehicle by changing the lane without using the direction direction, etc., but even in the video of the evidence No. 2, it cannot be deemed that the Defendant’s vehicle was forced to avoid the accident, and the Defendant’s driver was negligent in performing his duty to stop on the front line. In light of the above, the instant accident is deemed to have occurred due to the negligence of the Defendant’s driver.

Furthermore, in light of the circumstances of the accident in this case, it is reasonable to 50% of the negligence of the driver of the original Defendant vehicle.

(b) calculated the amount of indemnity.

arrow