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(영문) 서울중앙지방법원 2019.04.23 2018나59689

구상금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the part of the plaintiff's claim is dismissed.

2...

Reasons

1. Cases of indemnity between the insurers of vehicles involved in a traffic accident;

A. On December 15, 2017, the insured vehicle of the Plaintiff, such as the circumstances of the accident, (hereinafter “Plaintiff vehicle”), Defendant Insured vehicle (hereinafter “Defendant vehicle”) (hereinafter “Defendant vehicle”), at the location of private taxi C, private car D bus, and the location of the accident and the situation of the collision between the points of the accidents going from the from the scopic distance to the Olympic Center via the Olympic Center in Songpa-gu Seoul Olympic Games, as shown in the attached brief summary, the Plaintiff’s vehicle driving three lanes and opened the Defendant vehicle driving four-lanes of the bus exclusive lanes to the right side of the said road, and the part of the back-hand side of the Defendant vehicle and the back-hand side of the Defendant vehicle conflict with the Defendant vehicle.

Since the Defendant’s vehicle intended to complete a right-hand route, the speed was not high.

Details of the payment of insurance proceeds on January 11, 2018 on the Plaintiff’s 633,000 won

B. The instant accident, which judged negligence, did not properly examine the Defendant’s vehicle driving the four-lanes, and caused the negligence of the Plaintiff’s driver by driving the Defendant vehicle in the three-lanes, immediately entering the four-lanes where the Defendant vehicle is driving, and immediately entering the said four-lanes.

In light of the background of the instant accident, the shock level of the vehicle, the source, the speed of the Defendant vehicle, the speed of the vehicle to enter, and the road conditions in the future, etc., the Defendant vehicle driver seems to have been difficult to avoid the accident.

Therefore, it is difficult to recognize the negligence of the defendant driver.

[Ground of recognition] Unsatisfy, Gap 5-11, the purport of the whole pleadings

2. As such, the part against the defendant among the judgment of the court of first instance is revoked, and this part of the claim is dismissed, as the plaintiff's claim is without merit.