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(영문) 서울중앙지방법원 2018.10.30 2018나34000

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. Basic facts

A. With respect to A vehicle (hereinafter “Plaintiff vehicle”), the Defendant is an insurer who has concluded each automobile insurance contract with respect to B vehicle (hereinafter “Defendant vehicle”).

B. Around 10:20 on February 7, 2018, the Defendant’s vehicle overtakens the Plaintiff’s vehicle into the left side of the Plaintiff’s vehicle while driving a one-lane road in front of the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-do, Jincheon-do, and then tried to turn to the left in the direction of the Jincheon-do Public Health Center. The front side of the Plaintiff’s vehicle’s driver’s seat was shocked to the

(hereinafter referred to as “instant accident”). C.

From February 28, 2018 to March 7, 2018, the Plaintiff paid insurance proceeds of KRW 7,711,800 in total with the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 1 to 1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances revealing the overall purport of the argument of the evidence as seen earlier, namely, ① the instant accident occurred when the Defendant’s vehicle proceeded along the vehicle behind the Plaintiff’s vehicle on the one-lane side while going beyond the Gap’s own opposite line, and ② the said road at the time when the Defendant’s vehicle overtakes the Plaintiff’s vehicle to the left side of the Plaintiff’s vehicle; ② the Defendant’s vehicle attempted to overtake the vehicle beyond the Defendant’s own opposite line under the circumstances where the speed limit of 30km at the time of the vehicle’s overtaking the vehicle to the place where the speed limit of 30km is high. ③ However, in light of the following circumstances, the Plaintiff’s vehicle’s vehicle is going to the left side of the Plaintiff’s vehicle beyond the opposite line in order to overtake the Defendant’s vehicle, and is proceeding to the left side of the Plaintiff’s vehicle without examining the front and rear left side.