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(영문) 서울중앙지방법원 2018.10.02 2018나30145
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. Facts of recognition;

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. On January 2, 2018, the Plaintiff’s vehicle shocked the left part of the lower left part of the Defendant’s vehicle, which was left left at the fourth-lane of the 6-lane road adjacent to the 6-lane road in Yangcheon-dong, Yangcheon-gu Seoul Metropolitan Government, with the fronter, the fronter, and the fences of the Plaintiff’s vehicle’s right.

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

On January 24, 2018, the Plaintiff paid insurance proceeds of KRW 449,00 at the cost of repairing the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, each entry or video of Gap evidence 1 through 7 (including a provisional number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant’s assertion that the Plaintiff’s vehicle invadeds the lane on which the Plaintiff’s vehicle is driving even though the vehicle ought to turn to the left according to the excursion ship/ferry and is not infusing another lane. As such, the instant accident is caused by the total negligence of the Defendant’s driver.

Therefore, the defendant, the insurer of the defendant vehicle, is the insurer of the plaintiff vehicle, and thus, the plaintiff, who is the insurer of the plaintiff vehicle, is exempted from insurance money.

B. The following circumstances revealing the overall purport of the arguments in the evidence as seen above, namely, ① the vehicle line leading each lane to turn to the left at each left-hand turn on the above road, and the Defendant vehicle waiting to turn to the left-hand turn at the five-lanes of the six-lanes, and entered the left-hand turn on the left-hand turn, and then entered the five-lanes of the six-lanes, and ② the Plaintiff vehicle also waiting to turn to the left-hand turn in accordance with the left-hand turn signals, and in the process, the left-hand turn was turned to the left-hand turn at the right-hand turn on the front side of the Defendant vehicle.

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