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(영문) 서울중앙지방법원 2019.05.14 2018나48542
구상금
Text

1. The part of the judgment of the court of first instance regarding the failure of plaintiff shall be revoked.

2. The Defendant: (a) KRW 132,198 and the Plaintiff’s payment thereof on December 2, 2017.

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 “Plaintiff”), Defendant Insured Vehicle (hereinafter “Defendant Bus”) CD date and November 15, 2017, are as shown in the annexed drawings of the distance collision situation in which the Samdo-dong Police Station of Gwangju Mine-gu, Samdo-dong at the location of 16:20 on November 15,

The plaintiff paid insurance proceeds to the passengers of the defendant bus vehicle 660,990 won (based on recognition) as collateral (based on December 7, 2017). The plaintiff does not dispute any dispute, Gap 1 through 6, and the purport of the whole pleadings.

2. In full view of the following circumstances revealed by the above-mentioned facts finding as to the cause of the claim and the evidence mentioned earlier, it is determined that the instant accident occurred due to the negligence of the Defendant bus driver.

(1) According to Article 13 (3) of the Road Traffic Act, the driver of any motor vehicle shall pass along the center (if a median line is marked off, the center line thereof) of the road, and the driver of any motor vehicle intending to overtake pursuant to Article 21 (3) of the same Act shall pay due attention to the traffic in the opposite direction and the traffic in front of the motor vehicle traveling ahead, and overtake the motor vehicle traveling ahead at a safe speed and in a safe manner, such as using the direction indicator, light or horn, depending on the speed and route of the motor vehicle traveling ahead

② Nevertheless, the Defendant bus driver did not take all measures such as looking at the movement of the Plaintiff vehicle in front of himself, and immediately raised speed with the Plaintiff’s vehicle, which was left left to the left while overtaking over the center line in the yellow de facto line.

According to the black image, it seems that the accident of this case did not occur if the driver of the Defendant bus reduces the speed of KRW 1 to 200,000 and the movement of the Plaintiff vehicle was examined.

③ Although it is unclear whether the direction of the plaintiff vehicle to turn to the left has been turned to the left, the image of the black box is unclear.

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