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(영문) 서울중앙지방법원 2019.08.29 2018나74879
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. The Plaintiff is an insurer who has entered into an automobile insurance contract with C Passenger Vehicles (hereinafter “Plaintiff”), and the Defendant is a mutual aid entrepreneur who has entered into a mutual aid agreement with D Trucks (hereinafter “Defendant”).

B. On March 22, 2018, at around 08:20, the Plaintiff’s vehicle moved the F road in Gangseo-gu Seoul Metropolitan Government E into one lane among three-lanes at the intersection from the bank to the two-lanes, as indicated in the annexed traffic accident report, and the Plaintiff’s vehicle turned from the same one lane to the two-lanes at the intersection. The Plaintiff’s left side of the Plaintiff’s vehicle, which was the right side of the right side of the bypass, was changed from the same one lane to the two-lanes.

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

Pursuant to the above insurance contract, the Plaintiff paid KRW 1,796,50,00, which remains after deducting KRW 200,000 of the Plaintiff’s automobile repair cost from the aggregate of KRW 1,996,50.

[Reasons for Recognition] Each entry, film, or video set forth in Gap evidence 4, 5, 6, 8, 9, 10, and 11-5, and the purport of the whole pleadings

2. According to the above recognition of the board, the defendant vehicle is unable to see the plaintiff vehicle that is moving to the right side while moving to the right side, and is grossly negligent.

On the other hand, according to the evidence mentioned above, the plaintiff's vehicle and the defendant's vehicle are more than three lanes, but it was inevitable to drive only on the one lane because the vehicles illegally parked on the three-lane and the two-lanes, so the plaintiff's vehicle went ahead on the first lane, and the plaintiff's vehicle go ahead on the first lane, and the defendant's vehicle runs along the first lane to the intersection until the intersection. The defendant's vehicle runs along the two-lanes, and it was a one-lane road in the direction of the bypassing road, and it was a one-lane road in the direction of the bypassing road, and the defendant's vehicle tried to move ahead on the other side of the freight lane. However, it still remains above the third lane in the vicinity of the intersection.

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