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(영문) 서울중앙지방법원 2020.10.14 2020나5852
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. At the time of the basic fact-finding accident, the insured vehicle CA car of the insured vehicle, the insured vehicle of the insured vehicle of the Plaintiff at the time of the accident, where around March 27, 2019 on March 27, 2019, the insured vehicle of the Plaintiff (hereinafter referred to as the “Plaintiff vehicle”) was driven by the Defendant’s insured vehicle of the Plaintiff (hereinafter referred to as “Defendant Otoba”), a two-lane shift of course in order to make a bus parked on the right side from the first lane of the two-lanes, as described in the attached site map of the accident scene in the Seodaemun-gu Seoul Western-dong Office, Seodaemun-gu, Seoul at the location around 0:30, May 30, 2019, the Plaintiff paid the insurance money to the Plaintiff on May 30, 2019 as follows:

[Ground of recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings, as to Gap's statements and evidence Nos. 1 through 6, 8 through 17

2. The assertion and judgment

A. The plaintiff's assertion 1) The main point of the plaintiff's assertion was that the accident occurred in the course of the abnormal overtaking in the way that the plaintiff's vehicle and bus prior to the defendant's Oral Ba were in the way that they were faced with two lanes. The plaintiff's vehicle could not expect or avoid the abnormal driving of the defendant Oral Ba, so the accident of this case occurred due to one's negligence on the part of the defendant Oral Ba, as well as the negligence of the defendant's vehicle. The accident of this case occurred not only by the defendant's vehicle but also by the plaintiff's vehicle's fault, because the plaintiff's vehicle attempted to move along the front side of the plaintiff's vehicle and the surrounding vehicle at the time of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right of the right.

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